During the arbitration proceedings, two categories of costs may be incurred by the parties. The arbitration costs, which are strictly related to the arbitration proceedings, and the costs which are incurred in relation to parallel proceedings brought before the state courts by the parties. This article discusses the extent to which the costs of arbitration and of such parallel proceedings can be claimed, whether as an item of relief or as damages. The conduct of the parties during the proceedings may have an impact on the allocation of all such costs in both commercial and investor-state arbitrations.
Journal of International Arbitration