الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ،The arbitral award and costs

The arbitral award and costs

How often do tribunals
‘split the baby’?

The best category of respondents to ask
is arguably those making the rulings – the
arbitrators – and they said this occurs in only
5% of their cases. However, the perception
that this occurs is higher among the other
categories of respondents: in-house counsel
and private practitioners believe tribunals
have unnecessarily ‘split the baby’ (i.e., courts
in the same dispute would not likely have
done so) in 18% and 20% of their cases,
respectively. Overall, respondents consider
that tribunals unnecessarily ‘split the baby’
in 17% of their cases.

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