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Allocation of Costs in ICSID Arbitration a Continuing Challenge to International Law

Author

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  • Cristina Elena POPA TACHE

    (Associate professor of public international law, ãAndrei SagunaÓ University of Constanta, Romania; active researcher of CIRET - Center International de Recherches et Studes Transdisciplinaires Paris.)

  • Silviu CONSTANTIN

    (Bucharest Bar Association, Romania, specialized in resolving disputes regarding international investments)

Abstract

Investment disputes arise from time to time between investors and host states. In the event of such disputes, investors may turn to the International Center for Settlement of Investment Disputes3 for arbitration. One of the issues that can (still) arise during ICSID arbitration proceedings is the allocation of costs. Allocation of costs is a crucial aspect of any dispute resolution process, and ICSID arbitration is no exception. This article will show that a specific practice has been created in ICSID arbitration and outline the different approaches and principles used by ICSID arbitral tribunals when allocating costs. At the same time, the emphasis is placed both on possible problems of interpretation that may arise, as well as on some proposals to modify the investment treaties, so that the specific arbitration rules can be helped again by the treaty. For this article, a comparative research method was used that allowed a meta-analysis of the relevant arguments that can lead to a well-founded reasoning. Mostly primary sources were used, which were supplemented with secondary sources.

Suggested Citation

  • Cristina Elena POPA TACHE & Silviu CONSTANTIN, 2023. "Allocation of Costs in ICSID Arbitration a Continuing Challenge to International Law," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 4-16, February.
    • Handle: RePEc:sja:journ1:v:3:y:2023:i:1:p:4-16
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    File URL: http://www.investmentlaw.adjuris.ro/articole/an3v1/1.%20Popa%20Tache,%20Constantin.pdf
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    Citations

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    Cited by:

    1. Cristina Elena Popa Tache & Renata Treneska Deskoska & Nathaniel Boyd & Marijana Mladenov & Isabelle Oprea & Daniela Duta & Konstantinos Kouroupis & Leonidas Sotiropoulos, 2024. "Adapting to Change Business Law Insights from Today's International Legal Landscape," Books, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), edition 1, number 34.

    More about this item

    Keywords

    international investment; ICSID; treaties; investment arbitration; costs.;
    All these keywords.

    JEL classification:

    • F21 - International Economics - - International Factor Movements and International Business - - - International Investment; Long-Term Capital Movements
    • J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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