Kluwer: The Real Cost of Ignoring Costs in International Arbitration Awards – A View From South Africa

Finality is a cornerstone of arbitral awards, and cost orders are a critical part of that finality – including in South Africa.

Arbitration costs can be substantial – in fact, legal fees often make up more than 80% of the total arbitration expenses. Given the high stakes, allocating and quantifying these costs is an essential part of delivering justice in arbitration, and most leading arbitral rules and laws require or expect arbitrators to address costs in the final award.