In a previous column, I looked at some principles behind awards of legal costs and expenses in Canadian domestic arbitration.
In international arbitration the general rule is that the unsuccessful party pays the successful party’s costs. The question, usually, is how much?
The high cost of international commercial arbitration is the main source of complaint by users of the system, according to a series of surveys by Queen Mary University of London between 2013 and 2018. Costs have continued to increase steadily. In large commercial and in investor-state disputes, they can be in the millions (or tens of millions) . . . [more]