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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Allocation of Costs in Recent ICSID Awards

Allocation of Costs in Recent ICSID Awards

(p.658) 40 Allocation of Costs in Recent ICSID Awards
Practising Virtue

Arthur W Rovine

Oxford University Press

This chapter provides an overview of the state of jurisprudence on the allocation of costs in investment treaty arbitration. It discusses how tribunals should handle cost allocation decisions and examines trends over time in International Centre for Settlement of Investment Disputes (ICSID) cost awards and their stated or implied rationale. The chapter observes an upward trend in the number of awards awarding the prevailing party at least a portion of its costs or, most frequently, allowing the parties to bear their own costs. In either scenario, the rationale for doing so can vary widely. In some instances, tribunals provide no rationale at all. It concludes that precise and thorough reasoning should underlie every decision on costs, so that a consistent jurisprudence and predictability can emerge in this unsettled area of arbitral decision-making.

Keywords:   jurisprudence, cost allocation, investment treaty arbitration, tribunals, ICSID, awards

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