Costs are among the most important considerations for parties in international arbitration proceedings.[1] Therefore, it is crucial for them to know in advance the categories of recoverable costs at the end of the arbitral process. These costs can generally be recovered from the losing party. In this respect, Article 38 of the Arbitration Rules of […]
Who Pays the Costs of International Arbitration?
One question frequently and legitimately asked by parties is who pays the costs of international arbitration. Most procedural arbitration laws and rules provide wide discretion to arbitral tribunals to allocate costs. There are, generally, two overriding internationally accepted principles for allocating costs, i.e., the English “costs should follow the event” rule, which requires the losing […]
Dubai International Arbitration Centre (DIAC) Arbitration
The Dubai International Arbitration Centre (DIAC) is one of the largest arbitration institutions in the Middle East. It was originally established in 1994 by the Dubai Chamber of Commerce and Industry as the Centre for Commercial Conciliation and Arbitration.[1] The same year, the 1994 DIAC Conciliation & Arbitration Rules were released. They were subsequently revised […]
Non-Payment of Advances on Costs in Arbitration
The commencement of international arbitration is conditioned by payment of advances on costs, after the payment of a filing fee. Unlike domestic courts, which are publicly-funded, advances on costs are needed to pay the fees of private arbitrators. If the arbitration is administered, costs also need to be advanced to pay the administrative costs of […]
The Recoverability of Arbitration Costs
Costs tend to be a major concern for users of international arbitration. However, a successful party may recover them in full or in part, including the costs of legal representation. In this respect, both national arbitration legislation and institutional rules generally grant arbitrators the power to award the costs. Though the UNCITRAL Model Law is […]