Publication
The Allocation of Costs in International Arbitration: When Mandatory Law Overrides Party Agreement
The allocation of costs is often treated as a relatively straightforward provision in an arbitration agreement. Parties may agree that costs will be borne equally, that each party will bear its own costs, or that the unsuccessful party will bear the costs of the proceedings. Having negotiated and expressly agreed on such a provision, parties would naturally expect it to determine their respective financial exposure if a dispute arises.
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