Default in payment of the advance on costs in ICSID arbitration

Abstract

This paper examines the consequences of the respondent's default in payment of the advance on costs in investment arbitration administered by the ICSID. First, it explores the consequences of the respondent's default pursuant to other arbitration rules also used in investment arbitration. Then it examines the possibilities for an arbitral tribunal in ICSID proceedings to award the claimant the substitute payment it made for the respondent in a decision or order prior to the final award. Finally, the paper discusses the possibility for the tribunal to take into account the respondent's default by apportioning costs in the final award.

Keywords

• arbitration
• icsid
• costs of the proceedings