Kenneth B. Reisenfeld, Joshua Robbins Law 360 Article Examines the Costs of Investor-State Arbitration and Cost Allocation in Final Awards

Articles / December 7, 2016

Partner Ken Reisenfeld and Counsel Joshua Robbins authored an article published on Dec. 6, 2016, in Law360. The article, “The Achilles’ Heel of Investor-State Arbitration Awards,” examines costs of prosecuting and defending investment treaty claims and the uncertainty regarding the allocation of cost awards. Reisenfeld and Robbins analyze a recent illustrative case, Philip Morris v. Uruguay, and conclude:

[T]ribunals continue to pay relatively little attention to explaining the reasoning behind their cost awards, making it difficult to develop a consistent jurisprudence on the issue and impeding a party’s ability to assess the full risks of proceeding with an investor-state dispute.

This article would be of particular interest to companies planning, engaged in or defending cross-border disputes or which have investments or operations outside the United States.

Read the article.