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Part VI The Award, Ch.25 The Costs of Arbitration

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

International arbitration may be quite costly because, unlike litigation, the parties pay for not only the costs of presenting their case, but also the costs of the arbitral tribunal, including the arbitrators’ fees and expenses and other administrative fees. Further, the parties typically must pay for the costs of the arbitral tribunal up front through advance monetary deposits. Unlike litigation in some countries, the prevailing party may be reimbursed for its costs at the end of arbitration through an award by the arbitral tribunal. The UNCITRAL Rules devote four articles to the costs of arbitration, Articles 38 to 41, which address several important issues: the definition of “costs” (*Article 38* {mentioned}), guidelines for establishing arbitrators’ fees (Article 39), the award and apportionment of costs (Article 40), and the deposit of costs (Article 41).

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