Fee Shifting in Investor-State Arbitration: Doctrine and Policy Justifying Application of the English Rule
By David P. Riesenberg, February 8, 2012
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This article addresses treatment of legal costs arising from investor-state arbitration proceedings. The author analyzes the benefits the English rule, which states that an unsuccessful party in a dispute must indemnify the prevailing party for the costs of arbitration. The author provides doctrinal and policy reasons for preferring this rule over the other options for arbitration tribunals.
