FDI Perspective No. 100: “Cost allocation in investment arbitration: Back toward diversification,” by Baiju S. Vasani and Anastasiya Ugale.

Some investment arbitration tribunals in the recent years have opined in favor of establishing a single default cost allocation rule based on the parties’ relative success in arbitration. The effect of such a default rule, however, might not necessarily resonate with the policy goals of various arbitration fora, ICSID in particular, and calls for harmonization should be reconsidered.

A translation in Mandarin is also available via the “Download Resources” button.