The Advance on Costs in Investment Arbitration

ICSID Review - Foreign Investment Law Journal, Volume 33, Issue 3

Fall 2018

In this article, MoFo associate Jan Frohloff and co-author Markus Altenkirch discuss if the parties to an investment arbitration are under an obligation to pay their share of the advance on costs. They examine the legal basis for the parties’ obligation, possible default scenarios and if a party can enforce the obligation to pay an equal share of the advance of the other.



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