Costs, Damages and Duration in Investor-State Arbitration

This study examines over 400 investor-State cases conducted under ICSID, UNCITRAL and other arbitration rules, and over 70 ICSID annulment decisions, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of damages awarded.Key findings of the study include:⊛ Party costs have decreased over the past three years⊛ Investor costs remain higher than respondent States' costs in arbitral proceedings⊛ The prospects of recovering costs have improved⊛ Investors are claiming and are awarded larger amounts⊛ There is a steady increase in the length of investor-State proceedings⊛ The choice of arbitration rules does not significantly impact tribunal costs, costs allocation and duration of investor-State proceedings