Costs orders

Costs orders determine who bears fees, expenses, and sometimes compensation for legal representation. In Swiss litigation, allocation commonly follows the outcome but may be adjusted for partial success, settlement conduct, unnecessary steps, or abuse of procedure. In arbitration, the applicable rules and tribunal discretion often shape the allocation, including arbitrators’ fees, institutional costs, expert expenses, and party costs. Costs orders influence litigation strategy, settlement pressure, and enforcement risk. Parties should distinguish court or tribunal costs from recoverable attorney fees, which may be tariff-based, capped, or assessed for reasonableness.