When a party agrees to arbitrate, it agrees to pay its share of the deposit on arbitration costs. In practice, however, parties sometimes refuse to pay or fail to participate in the arbitration at all. In such cases can the defaulting party be compelled to contribute towards the advance on costs? In recent years, there has been a significant increase in the number of applications for ICC arbitral tribunals to intervene and order the defaulting party to pay its share. This article explores the basis for and consequences of such applications following the review of 28 ICC arbitral awards and procedural orders rendered in the last ten years.
Journal of International Arbitration