Introduction

The costs of arbitration, including notably the costs of party representation and most particularly "attorney's fees," are qualitatively and quantitatively a significant component in the overall arbitration dispute. The trend is toward ever more intensive, and thereby ever higher, costs, especially in large-scale construction and investment disputes. Should the loser pay all, including attorney's fees? How should the disposition of the issue be handled: In the arbitration agreement? In the procedural directions of the tribunal? In the motivation of the final award on ...