Abstract

Normally, whereas presenting a commercial contract or investment treaty claim before an arbitral tribunal, two things are for certain: the costs for this endeavor will be high, and there is no certainty on how such costs will be allocated. Against the former statement, this article first suggests that investor-State case law on allocation of arbitration costs is evolving towards an endorsement of a "loser pays" approach, taking into account particular casuistic circumstances, whilst international commercial arbitration seems to be stuck shifting wholly or partially the ...