The Transnational Dispute Management Journal invites papers on Time and Cost Issues in International Arbitration.
To better inform users of cost allocation practices and how they can be used to control time and costs, the ICC Task Force on Costs recently released a Report on Decisions on Costs in International Arbitration (www.iccwbo.org/Data/Policies/2015/Decisions-on-Costs-in-International-Arbitration (pdf)), which sets out tribunals’ considerations, and the different approaches to cost allocation across arbitral institutions and national laws.
Possible topics for submission to the Special Issue would include a discussion of the cost-saving measures proposed in the Queen Mary survey or a commentary on the potential impact of the ICC’s newly implemented policy to reduce arbitrator fees for unjustified delays. Other ideas could include but are not limited to the following:
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Power of arbitrators to sanction party or counsel behavior that delays or increases the cost of arbitration (e.g. power to order legal counsel to pay the opposing party’s legal costs, etc.)
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Enforceability issues that may arise from sanctions imposed by arbitrators
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Whether guidelines and checklists help foster cost-effective behavior
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Different types of funding options for arbitration users, whether impecunious or not
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The effect of a party’s insolvency during proceedings
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Use of political risk insurance or arbitration award default coverage
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Recoverability of party costs other than institutional, legal, or expert/witness fees (e.g. sums owed to third party funders, in-house costs, etc.)
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Pressure in the legal market to prolong arbitral proceedings
Deadline for abstracts: November 2016.
