Cost and Fee Allocation in Civil Procedure

This volume describes and analyzes how litigation costs are distributed in civil procedure in key countries around the world. It compares the various approaches, draws general conclusions from that comparison and presents broad, global trends as well as common problems and solutions. The book deals with three main questions: The first question is Who pays for civil litigation costs? The alternatives studied are: each party paying for itself, versus losers paying for winners. The second question is: How much money is at stake? This part examines how litigation expenses vary. The third question is: Whose money is ultimately spent? In this part the cost distribution mechanisms behind the façade are presented. Inter alia, the study shows a substantial correlation between the burden of litigation costs and membership in the civil and common law family of jurisdictions.
This study the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.