There are many factors that might influence a decision as to whether to seek an assessment of costs by the arbitral tribunal or seek a traditional detailed assessment. There are practical advantages to having costs assessed by the arbitrator, including speed and the arbitrator’s knowledge of the case. We assist our clients with all aspects of arbitrator costs assessments.
Costs assessments undertaken by arbitrators are often based upon consideration of a high-level breakdown of costs and copies of invoices, together with high level submissions from both sides. It is often a much quicker procedure for assessing costs than a traditional court assessment, which would generally involve the production of a formal bill of costs, points of dispute and replies.
Where the parties opt to have the costs assessed by the arbitrator, we can assist with the preparation of bespoke schedules of costs that present the costs clearly and concisely, written submissions on costs, and advice on the opponent’s costs submissions.
Our costs lawyers are experienced in dealing with arbitration costs, including international arbitration, as well at traditional court assessments and are able to guide you through the process and the route that might be most suitable.
