Arbitration Links - Linklaters
  • Topic: Costs

New LCIA Report highlights movement towards cheaper and faster proceedings

18 October 2017 Jacqueline Chaplin, Europe

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A recent London Court of International Arbitration (“LCIA”) report (the “Report”) suggests that LCIA arbitration costs are generally less than arbitration costs at other institutions at all levels of dispute (for the purposes of the Report, arbitration costs means tribunal fees and administrative charges). The cost savings offered by the LCIA may be explained by its commitment to time efficiency and its use of hourly rates to calculate most of its costs.

The Report analyses the cost and duration of all 224 cases administered under the LCIA Arbitration Rules that had reached a final award between 1 January 2013 and 31 December 2016.

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The Conclusion of the Phillip Morris v Australia Saga

03 August 2017 Alexander Fawke, Australia

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The long-running investment treaty dispute between Phillip Morris Asia (“PMA”) and Australia concerning tobacco plain packaging laws has finally ended, with the publication of the Tribunal’s final award on costs in July. Having already dismissed Phillip Morris’ claim as an abuse of rights, the Tribunal rejected its argument that each party should bear its own costs. It ordered Phillip Morris to cover an (undisclosed) proportion of Australia’s costs, while agreeing that Australia should bear some of its own costs due to one of its arguments on jurisdiction failing. The Tribunal’s reasoning contains important lessons for both investors and states as to the extent of permissible costs recovery in investment arbitration.

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Investment Arbitration in Australia: an update

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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The past year has seen a number of major developments in international arbitration in Australia, including the conclusion of new trade deals and the long-running Phillip Morris investment arbitration. This article surveys the most important changes in case law, legislation, investor-state dispute resolution and local arbitral institutions in the past year.

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International commercial arbitration in Australia: recent developments

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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Australia’s body of arbitration case law continued to grow in the past year, with increasing breadth and sophistication. Key cases covered the public policy ground for resisting enforcement; the appropriateness of awarding costs on the indemnity basis when an application to resist enforcement is refused; and non-signatories to arbitration agreements.

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