1 In the context of international arbitration (Arbitration) as well as in domestic and international litigation, it might happen that a respondent (or a counterclaimant), despite defeating the claimant’s claim, may not be given the opportunity to recover the costs incurred in the proceedings. Ultimately, faced with an adverse costs award, the claimant might indeed be unable or unwilling to bear the costs of the proceedings she/he started. In view of this, several arbitration rules and national laws provide respondents (or counterclaimants) with a procedural tool...
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