What is considered substantial success in the context of international arbitration?
British Columbia, Canada
The following excerpt is from A.L. Sott Financial (FIR) Inc. v. PDF Training Inc., 2005 BCSC 1930 (CanLII):
In Fotheringham v. Fotheringham, 2001 BCSC 1321, at para. 45, Mr. Justice Bouck defined substantial success as follows: ... since success, a passing grade, is around 50% or better, substantial success is about 75% or better. That does not mean a court must descend into a meticulous mathematical examination of the matters in dispute and assign a percentage to each matter. Rather, it is meant to serve as a rough and ready guide when looked at all the disputed matters globally.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is considered substantial success when it comes to calculating the proportion of substantial success? (British Columbia, Canada)
Does the Court have jurisdiction to award costs for substantial success based on substantial success? (British Columbia, Canada)
How have courts interpreted subrule on a claim of substantially successful and/or substantially successful in a personal injury action? (British Columbia, Canada)
What is considered substantial success in a divided success case? (British Columbia, Canada)
What is the definition of “substantial success” in the context of success for costs purposes? (British Columbia, Canada)
What are the consequences of a party's success rate when it is not substantially successful? (British Columbia, Canada)
What is considered a "substantial success" in a personal injury case? (British Columbia, Canada)
What is substantial success for parties in international affairs? (British Columbia, Canada)
Does a party need to succeed on a range of issues to be considered substantially successful? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
