CCA Webinar – The Sting in the Tail: Awarding Attorneys’ Fees, Costs and Interest (Pre and Post Award) in International Arbitration

A CCA Education & International Committee Webinar

June 28, 2023 @ 12:00 Noon – 1:15pm Eastern


(Open to the Public)

The sums in play raised by these issues under these headings can often be enormous, yet continue to be the subject of far less attention than other aspects of international practice. This webinar seeks to shine a spotlight on a series of questions/issues, both practical and theoretical, in order to draw attention to this highly consequential area of practice.

– On what basis should a Tribunal award attorneys’ fees and costs?  Does the principle of “costs following the event” invariably apply?  How does a panel fairly ascertain “the event”?

– Does the “American Rule” for attorneys’ fees and costs (where each side pays its own) have any place in international arbitration? 

– Timing of submissions – which system works best? Before the result is known, or after?

– What proof is needed?

– Proposals for streamlining and simplification stemming from international sports arbitration.

– What law, if any, governs questions of pre-award and post-award interest (e.g., availability, rate, simple versus compound, when interest begins to accrue)? 

– Can interest be awarded on an award of attorneys’ fees and costs? If so, what rate?

– Pre-award interest – how much discretion does a panel really have absent contractual stipulation? Similarly with post-award interest. 

– What briefing is necessary, when, and what proof is required?

Presented by CCA Fellows:

Chiann Bao

Richard Mattiaccio

Gary McGowan

Kathleen Paisley (Moderator)

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