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04/09/18

22:17

Post #: 35415545
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Originally posted by hottod ↑

No, I haven’t dug up much on SIAC arbitral awards, mainly because the confidentiality of arbitration means that details of awards are rarely disclosed.

As you appear to reference, there is a page on the SIAC website which provides limited profiles of a number of SIAC arbitration cases which are described as ”carefully sanitised to protect the identity of the parties and to maintain the confidentiality of arbitration proceedings at SIAC”. These cases, btw, would all be at least 5 years old. In most of the profiled cases, a sum of money is given but it is unclear whether this represents the quantum of claim or the quantum of award. I suspect it’s the former. The sums given range from US$90,000 to US$427 million. The average quantum of claims in recent years for case filings at the SIAC has been ~US$16 million.

In a 2015 research paper on International Arbitration damages, based on a sample of 95 cases, Price Waterhouse Cooper found that there were few cases in which the arbitration tribunal awarded either zero damages or the full amount claimed (see graph below). The average award was 37% of the amount claimed. The research also found that, in the period 2011-2015, 78% of international arbitral awards were under US$100 million and compound interest was applied in 86% of cases.

View attachment 1276067

https://www.pwc.com/sg/en/publications/assets/international-arbitation-damages-research-2015.pdf

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