Abstract

There is a stance in the arbitration community that the allocation of the costs of arbitration can be used as a means to enhance efficiency in international arbitration. Such adverse costs decisions are supposed to be incentives for parties and counsels to act more diligently and efficiently. However, there are certain limits to this approach, stemming from the lack of predictability, the applicable cost allocation standard, and the party against which these sanctions are rendered. These limits are explored in this article. Also, the article investigates the impact of decisions on the ...