CIArb AWARD WRITING TECHNIQUES: WHEN NO PARTY IS SUCCESSFUL IN THEIR CLAIM

CIArb AWARD WRITING TECHNIQUES: WHEN NO PARTY IS SUCCESSFUL IN THEIR CLAIM

A situation may arise when no party is successful completely on their claims. As such the tribunal may apportion costs such as:
 
Awarding Costs when No One is Completely Successful
 

1. In this case, neither party was completely successful.
2. […] prevailed on its claim for reimbursement but to a lesser extent than it had claimed.
3. […] also prevailed with respect to Respondent’s counterclaim.
4. […] prevailed on the jurisdictional issue.
5. In these circumstances, and taking note of the costs wasted in the jurisdictional issue, I FIND that […] shall pay […] 75% of the reasonable costs in this arbitration.
6. With respect to the Arbitrator’s fees and expenses, which I assess and settle at the sum of [Sum];
7. For the reasons stated above, I find that […] shall pay 25% of my fees and […] shall pay 75%.