Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
How will the tribunal approach the issue of costs?

Answer ... If the parties have agreed upon certain rules regarding the allocation of costs, the tribunal will be bound by, and will decide in accordance with, those rules. Otherwise, the tribunal will determine the costs that each party to the dispute must bear - including the amount that was necessary in order to present the party’s case - by taking into account the circumstances of the case, and in particular the outcome of the proceedings (Section 1057, paragraph 1 of the Code of Civil Procedure). The default position under the German Arbitration Act is that costs follow the event, so the losing party must generally reimburse the winning party for its legal costs.

For more information about this answer please contact: Nicholas Kessler from Orrick
Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

Answer ... The parties are free to agree not only on the procedure, but also on the criteria for the allocation of costs. There are no explicit limitations provided by the German Arbitration Act.

For more information about this answer please contact: Nicholas Kessler from Orrick
International Arbitration