Dr Cameron Ford, OAM SC

This Practice Note discusses the types of costs that can be incurred in international arbitration proceedings and considers practical steps that can be taken to assist with the recovery of costs in arbitral procedures in which costs shifting is available. It covers the costs incurred in the arbitration, comprising parties’ legal fees and disbursements and costs of the arbitration (or ‘arbitration costs’), including the arbitrators’ fees and any institution’s fees and administrative charges, liability for costs, allocation and recoverability of costs and the arbitral tribunal’s costs award. It also covers security for costs and links out to further content on this subject.

This Practice Note provides guidance in relation to the potentially broad role of in-house counsel or in-house lawyers in international commercial arbitration proceedings. The Practice Note considers the different levels of involvement of in-house counsel in arbitrations and the role in-house lawyers may play in: choosing arbitration as a method of dispute resolution and drafting the arbitration clause or agreement; managing and documenting pre-arbitration settlement negotiations; the decision to go to or commence arbitration proceedings; selecting and managing external or outside counsel or lawyers; working with outside counsel to select or appoint an arbitrator, arbitrators or the arbitral tribunal; costs budgeting and costs management; advising management regarding posting reserves; determining arbitration strategy in respect of the different stages or phases of the arbitration process and formulating claims and defences; organising internal resources and documentation; keeping in mind settlement throughout the arbitration process; participating in hearings; dealing with the arbitral award and recognition and enforcement of awards; post-arbitration tasks, such as analysing the performance of external counsel and reviewing arbitration clauses and internal processes. This topic may also be referred to as: the legal department and the arbitral process; a guide to international arbitration for in-house counsel; an introduction to the role of in-house lawyers in the arbitration process; effective management of arbitration for in-house counsel; top practical tips for in-house counsel with regard to arbitrating disputes; the in-house counsel’s perspective on arbitration proceedings; and tactics and strategy for in-house counsel in starting and defending arbitration proceedings.