Article 37—Costs

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ID: 317964
2026
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Abstract
Abstract This chapter focuses on Article 37 of the ICDR Rules, which empowers the tribunal to fix the ‘costs of the arbitration’ and to allocate those costs between the parties. As with most sets of arbitration rules, Article 37 identifies what kinds of costs may be recoverable but leaves the tribunal a broad discretion to decide what costs are reasonable and how recovery of those costs should be allocated between the parties. Evidently, the parties’ agreement, the applicable national laws, and the legal cultures of the respective parties and the tribunal may also play a role in this determination. In considering Article 37, it is also important to bear in mind that US domestic litigation practice provides very few opportunities for any cost-shifting with respect to a party’s attorney fees or otherwise. This so-called ‘American Rule’, at least to some extent, remains the practice in US domestic, as opposed to international, arbitration.
Reference Key
openalex_W7165127579 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, Gretta Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0038
URL
https://doi.org/10.1093/law/9780197848012.003.0038
Keywords Keywords not found

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