Costs in arbitration include not only the legal fees and costs of the parties (party costs) but also the costs of the tribunal, institution and any facilities used (sometimes called arbitration costs).

The considerations contained in this Report are intended to inform users of arbitration how tribunals may allocate costs in accordance with the parties' agreement and/or any applicable rules or law. However, they should not be regarded as affecting a tribunal's discretion to allocate costs.

Feb 4, 2024 · For present purposes, we can largely be sure that the parties and counsel would have little if any expectation that the allocation of costs in an arbitration seated in a given jurisdiction would follow the rules governing allocation of costs in that jurisdiction’s courts.

Feb 16, 2016 · According to the ICC Report, tribunals allocated costs according to the principle “costs follow the event” in the majority of awards. Under this principle, the successful party in the arbitration can recover all of its costs from the unsuccessful party.

In terms of cost allocation, international arbitration practice has broad flexibility. There is no uniform approach towards the division of costs among the parties of the dispute; hence, the discretion of arbitral tribunals is remarkably divergent in this field.

Dec 5, 2024 · The Dubai Court of Cassation has reshaped the interpretation of Article 38 of the ICC Arbitration Rules, allowing tribunals to award legal costs. This landmark decision enhances cost allocation clarity and supports party autonomy in arbitration proceedings.

The report lists cost-allocation factors for arbitral panels to consider when exercising their discretion to award an appropriate and reasonable allocation of costs and fees between the parties.

Nov 11, 2016 · The ultimate objective of this Report is to consider how the allocation of costs between the parties can be used effectively to control time and costs and to assist in creating fair, wellmanaged proceedings matching users’ expectations.

7 Smit-Robinson Proposed Guideline #4 provides: “In determining the allocation of Costs, parties and arbitrators should take into account any mandatory rules concerning the allocation of arbitration costs of the country in which the arbitration is seated.”

5 days ago · Although some procedural laws address the question of cost allocation, many do not do so. Some arbitration laws are simply silent on cost allocation.