By Ray Turner
‘Drawing on his lengthy and sensible event [the writer offers] counsel which in basic terms the foolhardy may reject with out sturdy reason behind doing so. With this guide beside him, many an arbitrator will, i think definite, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill.
The guidance of an arbitrator's award calls for a rigorous method of the distinction of submissions and proof, and to the selections stemming from that attention, and the arbitrator has to be efficient to draft a legitimate and enforceable award.
These initiatives will be complicated for any arbitrator, relatively so for the fewer skilled. This publication has been written to supply transparent and sensible advice, while emphasising that there's no general approach to getting ready or writing an award. It comprises illustrations when it comes to quite a lot of forms of award.
It may be of curiosity to all arbitrators and people concerned about the method, whether or not they are involved in commodities, coverage, maritime issues, lease disputes, development or trade.
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Additional resources for Arbitration Awards: A Practical Approach
5 Checking Finally on this topic, the arbitrator should always re-read the award before finalising it and publishing it, and similarly with any earlydrafted sections. He should check that every issue to be dealt with in 1 Section 46(1) of the 1996 Act permits the parties to agree that either (a) a stated law or (b) ‘other considerations’ is to form the basis of the arbitrator’s determination. 36 Background principles that award has been dealt with, that the incorporated reasons are clear, and that any factor which is necessary to give credibility and lucidity to the award is recited, as succinctly as possible.
28 Background principles Such an award, in either form, can arise in two ways: (a) (b) (c) Where one or both parties do not (or profess to not) understand how an award was arrived at – because it gives no reasons, or the reasons are or appear to be inadequate, or do not support the conclusion. One or both of them might request the arbitrator to remedy the deficiency. Where one or both parties apply to the court under section 68(2)(h) (failure to comply with the requirements as to the form of the award).
That would extend into areas beyond the scope of this book. The operative part of the award would again be as the relevant ‘substantive’ award, but would make clear how the amount paid had been dealt with. The manner of expressing that would depend upon whether the amount claimed in the arbitration was a gross figure or was a net figure after deduction of the amount already paid. The fact of the provisional order or adjudicator’s decision would be recited, as would the payment. 8 above. 10 Unreasoned awards (section 52(4) exception, if the parties so agree) The operative part of an award without reasons is effectively the same as in one with reasons.
Arbitration Awards: A Practical Approach by Ray Turner