Conquest Designer University

LLM Dispute Resolution

The calculations an arbitration practitioner cannot get wrong: the Model Law time limits from appointment to setting aside, pre-award interest on a money claim (simple or compound), the apportionment of costs in proportion to success, and the zone of possible agreement between the parties’ expected outcomes.

Reference

Model Law art. 13(2)

challenge within 15 days of becoming aware

Model Law art. 16(3)

court review of a jurisdiction ruling within 30 days of notice

Model Law art. 33

correction, interpretation or an additional award: request within 30 days of receipt

Model Law art. 34(3)

setting aside: no application after three months from receipt of the award

UNCITRAL Rules art. 42(1)

costs borne in principle by the unsuccessful party; the tribunal may apportion them

Settlement zone

claimant floor p·A − Cc; respondent ceiling p·A + Cr (risk-neutral parties, each bearing its own costs)

Units

Model Law time limit · Interest on a money award · Apportionment of costs by success · Settlement zone from expected outcomes

Role when narrated: You are an international arbitration practitioner advising a client. State the rule and where it comes from, apply it to the dates and sums, and say plainly which parts depend on the seat, the rules chosen or the tribunal’s discretion.

From the event that starts the clock, by what date must the step be taken under the UNCITRAL Model Law?

Reference: UNCITRAL Model Law arts. 11(3)(a), 13(2), 16(3), 33(1), 33(3), 34(3); counting: the trigger day excluded, months to the same date or the month’s last day (the seat’s law governs computation)

{
  "event": "set_aside",
  "triggerDate": "2026-03-16"
}

How much interest accrues on the sum from the due date to the date of the award, simple or compounded annually?

Reference: UNIDROIT Principles (2016) art. 7.4.9: interest runs from the time payment is due to the time of payment; day count actual/365; compounding is for the tribunal to decide

{
  "principal": 2500000,
  "annualRate": 0.07,
  "fromDate": "2024-01-15",
  "toDate": "2026-06-30",
  "method": "simple"
}

If costs follow the event in proportion to success, who pays how much of whose costs, and what is the net?

Reference: UNCITRAL Arbitration Rules (2013) art. 42(1): costs borne in principle by the unsuccessful party, apportionment if reasonable; ICC Rules (2021) art. 38(4)–(5)

{
  "claimedAmount": 2000000,
  "awardedAmount": 1500000,
  "claimantCosts": 400000,
  "respondentCosts": 300000
}

Given the chance of winning and the cost of going on, between what sums should both sides prefer to settle?

Reference: Fisher & Ury (1981) Getting to Yes — BATNA; Mnookin, Peppet & Tulumello (2000) Beyond Winning; decision analysis with risk-neutral parties, each bearing its own costs

{
  "awardIfClaimantWins": 1000000,
  "probabilityClaimantWins": 0.6,
  "claimantCostsToAward": 150000,
  "respondentCostsToAward": 120000
}