Costs Down, Recouping Up In Investor-State Arbitration

Law360 (June 3, 2021, 10:31 PM EDT) -- The costs for parties involved in investor-state arbitration have decreased over the past three years, while the prospects of a successful party recouping at least a portion of those costs have increased, according to an empirical study of more than 400 investor-state cases released on Wednesday.

The study, conducted by the British Institute of International and Comparative Law in cooperation with Allen & Overy, noted that costs have become an increasingly prominent issue in investor-state arbitration — and for good reason, considering that nations have expressed concern that costs and damages awarded in such proceedings have become excessive.

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