CIArb Costs of International Arbitration Survey 2011

Value: claimed vs awarded
There is interest in the correlations
between amounts clamed and
amounts awarded and with the
amounts of costs incurred to obtain
an award. Participants were there-
fore asked to report what had been
claimed and what was awarded.
The charts below set out the overall
results. Survey respondents could
select one of five monetary bands,
48
ranging from less than £1,000,000 to
more than £100,000,000. Due to
sample sizing, three categories were
chosen:
■ General Commercial
■ Construction/Engineering
■ Other*
Each chart below combines the distribution
of the amounts respondents
indicated had been claimed (blue)
with the amounts arbitral tribunals
actually awarded (red), with each
colour series adding up to 100%. In
general commercial disputes, for
instance, 76% of claims
(32+22+11+11 in blue) were for
£1,000,000 or more, but 48% of
awards were for less than
£1,000,000. Similarly, 92% of construction/engineering
claims
(42+30+11+9 in blue) were for the
same amount, whilst 43% of awards
32
%
28
% 30
%
24
22
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16
11
7
11
1
8
43 42 40
13
11
2
9
2
23
54
were for less than £1,000,000. For
other claims, this trend was also observed
with 77% (29+21+2+25 in
blue) claiming £1,000,000 or more
and 54% of awards being for
£1,000,000 or less. Regardless of
the nature of the dispute, at least
50% of claims brought to arbitral tribunals
were between £1,000,000
and £50,000,000, while at least 75%
of arbitral awards were for
£10,000,000 or less.
29
21 21
* This category includes Shipping/Maritime, Oil/Gas/Energy, and IP/Technology. Due to sample sizing, counterclaims have not been included in the analysis.
11
2
3
25
11