Costs, damages and duration in investor-State arbitration in the CEE Region
Patrick W. Pearsall
Gaela Gehring Flores
03 May 2022
Our new study on costs, damages and duration in investor-State arbitration in the CEE Region examines 105 investor-State dispute settlement (ISDS) cases conducted under ICSID, UNCITRAL and other arbitration rules involving respondent States from the CEE region.
The study, which was authored by partners Matthew Hodgson and Lucia Raimanová and associate Daniel Hrčka looks at how long ISDS proceedings last, how much they cost, how tribunals allocate those costs, and the amount of damages awarded. This data is also compared with the data from the global study on the same topic published in June last year.
The report has identified some significant trends in relation to ISDS proceedings in the CEE region, including the following:
- The difference between party fees of investors and respondent States in the CEE region is relatively small.
- The prospects of recovering costs by successful parties are comparatively higher in the CEE region.
- Investors generally claim, and are awarded, smaller amounts than the global average.
- Proceedings are shorter than the global average duration.
- CEE respondent States enjoy a high success rate in defending claims.
- The choice of arbitration rules does not significantly impact tribunal costs, costs allocation or duration of proceedings.
This study provides empirical data to inform stakeholders in the CEE region of the practical developments relating to ISDS proceedings.