Understanding the Rationale Behind Cost Awards in ICC Arbitration

This article explores the rationale and evolving practice of cost allocation in ICC arbitration. While the ICC Rules grant arbitral tribunals broad discretion in awarding costs, a review of recent awards reveals an emerging pattern: tribunals commonly apply the ‘costs follow the event’ principle, often adjusted through the relative success rule. The analysis also highlights the influence of party conduct, proportionality, and reasonableness in cost decisions. Drawing on thirty recent ICC awards, the article examines the practical limits of arbitral discretion and offers proposals, such as early procedural consideration of cost issues and settlement offers, designed to promote greater predictability in cost outcomes.

Authors

Publication Details

Journal
Journal of International Arbitration
Published
2026-09-28
DOI
https://doi.org/10.54648/joia2026026
Primary Topic
International Arbitration and Investment Law
Type
article
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article

Understanding the Rationale Behind Cost Awards in ICC Arbitration

Alexandra Koliakou, William Kirtley
Journal of International Arbitration
International Arbitration and Investment Law
article

Understanding the Rationale Behind Cost Awards in ICC Arbitration

Alexandra Koliakou, William Kirtley
article en

Abstract

This article explores the rationale and evolving practice of cost allocation in ICC arbitration. While the ICC Rules grant arbitral tribunals broad discretion in awarding costs, a review of recent awards reveals an emerging pattern: tribunals commonly apply the ‘costs follow the event’ principle, often adjusted through the relative success rule. The analysis also highlights the influence of party conduct, proportionality, and reasonableness in cost decisions. Drawing on thirty recent ICC awards, the article examines the practical limits of arbitral discretion and offers proposals, such as early procedural consideration of cost issues and settlement offers, designed to promote greater predictability in cost outcomes.

Journal of International ArbitrationVol. 43(Issue 5)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
International Arbitration and Investment Law
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