Arbitrators' Discretion In Awarding Costs: Are There Any Limits?

Costs in international arbitration are more than a mere afterthought – they can decisively shape the outcome and consequences of a dispute. While arbitrators are typically granted wide discretion in allocating costs, this discretion raises important questions:

• What principles should guide arbitrators in awarding costs?
• Should they have broad discretion, or should there be clearer rules to ensure predictability?
• And to what extent should considerations such as party behaviour and efficiency impact cost decisions?

These questions were at the heart of the recent Paris Arbitration Week (PAW) 2025 webinar hosted by Aceris Law, titled "Arbitrators' Discretion in Awarding Costs: Are There Any Limits?" moderated by Nina Jankovic of Aceris Law. The session featured a distinguished panel of independent arbitrators: