CIArb AWARD WRITING TECHNIQUES: DEALING WITH 'ANY AMOUNTS THE TRIBUNAL SEES FIT'

​CIArb AWARD WRITING TECHNIQUES: DEALING WITH 'ANY AMOUNTS THE TRIBUNAL SEES FIT'

There are situation when parties seek for granting of any other amounts that the tribunal sees fit, yet maintained that the tribunal not to act, ‘ex aequo et bono or as amiable compositeur’ … this is a sample approach.
 
Any other amounts the tribunal sees fit

1. In the Hearing dated [DATE] and the SOC, dated […] the Claimant, seek the tribunal to grant any other amounts that the tribunal sees fit.
2. What the ‘tribunal sees fit’ imply that it shall be based on the principle of ‘ex aequo et bono or as amiable compositeur’ or ‘according to the right and good’.
3. As both parties have excluded any powers of the arbitral tribunal under Art.28(3) of the Law, which state, “the arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so.”; and for the reasons that I had given in para […];
4. I FIND AND HOLD THAT, I shall not make any order on the amount, that I see fit.