Arbitration Costs: Myths and realities in investment treaty arbitration

By Susan D. Franck, published by Oxford University Press, April 2019

This book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. It uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties’ counsel and arbitral tribunals. It analyzes how and when cost-shifting occurs, parses tribunals’ rationalization (or lack thereof) of cost assessments and models the variables most likely to predict costs, using data to point the way toward evidence-based normative reform. Available at