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Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers

Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers in Asia, 2nd Edition, (c) 2026

Page 182

CHAPTER 10

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The substantive hearing or trial having taken place, the tribunal will have to draft its award to complete the arbitration. Further, having dealt with the merits of a dispute, the tribunal will likely also have to rule on the costs of the arbitration. That means that the tribunal will have to rule on two broad cost issues. One is the “incidence” of costs, that is, whether one or other party or both should be liable for all or part of the costs of the arbitration. The other is the “taxation” of costs, that is, the assessment or quantification of the costs payable by one party to the other as a result of the tribunal's ruling on costs. Finally, the tribunal will have to tax its own costs and decide whether one or other or both of the parties should ultimately bear such costs in whole or part. The tribunal's rulings on the incidence and taxation of the parties’ and the tribunal's costs may themselves be in the form of one or more awards.

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