A Costs Award is a decision made by an arbitrator or tribunal about who should pay for the legal expenses of an arbitration case. It's like a bill-splitting decision at the end of a dispute that determines whether one party needs to pay for the other party's legal costs, or if each side should pay their own expenses. This is an important part of arbitration proceedings, and professionals who handle these matters need to understand how to analyze, calculate, and sometimes challenge these decisions.
Successfully challenged a Costs Award resulting in 50% reduction of assessed fees
Prepared detailed submissions supporting Costs Award applications in international arbitrations
Advised clients on Costs Awards and Costs Assessment strategies in commercial disputes
Typical job title: "Arbitration Associates"
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Q: How would you approach a complex international costs award challenge?
Expected Answer: Should explain the process of reviewing the award, identifying grounds for challenge, understanding different jurisdictional approaches, and strategic considerations for the client.
Q: What factors do you consider when advising clients on potential costs recovery?
Expected Answer: Should discuss assessment of case strength, jurisdiction rules, party conduct, proportionality of costs, and practical recovery considerations.
Q: How do you prepare a costs submission for an arbitration?
Expected Answer: Should explain gathering relevant documentation, organizing time records, categorizing expenses, and presenting them in accordance with tribunal requirements.
Q: What are the key differences between costs awards in litigation and arbitration?
Expected Answer: Should discuss flexibility of arbitration rules, varying approaches across jurisdictions, and practical implications for costs recovery.
Q: What are the basic principles of costs awards in arbitration?
Expected Answer: Should explain that costs usually follow the event (winner usually recovers costs), reasonableness requirements, and basic documentation needed.
Q: How do you organize and review costs documentation?
Expected Answer: Should demonstrate understanding of basic cost categories, time recording practices, and importance of proper documentation.