By Ray Turner
‘Drawing on his lengthy and sensible event [the writer provides] assistance which basically the foolhardy might reject with out sturdy explanation for doing so. With this handbook beside him, many an arbitrator will, i think certain, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill.
The coaching of an arbitrator's award calls for a rigorous method of the dignity of submissions and facts, and to the selections stemming from that attention, and the arbitrator has to be efficient to draft a sound and enforceable award.
These initiatives should be advanced for any arbitrator, relatively so for the fewer skilled. This booklet has been written to supply transparent and sensible counsel, while emphasising that there's no common approach to getting ready or writing an award. It contains illustrations when it comes to a variety of different types of award.
It might be of curiosity to all arbitrators and people excited about the method, whether or not they are concerned about commodities, assurance, maritime concerns, hire disputes, building or trade.
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Extra info for Arbitration Awards: A Practical Approach
Such mistake might not be recognised until long after the contract has been executed, as a deed or otherwise. The subject matter of the agreement can be well under way, or even completed, when such alleged mistake is noticed. At that time it is likely that one party would wish the document to stay as it is – and be binding as it is – whilst the other party would wish to see it altered to what it thought it had initially agreed. That is one of the situations, given an arbitration agreement which embraces that type of dispute, when the party wishing to have the deed or other document ‘corrected’ might seek an award rectifying 22 Background principles that document – a rectificative award.
Such rules can affect the form of an award to the extent that they incorporate what amounts to party autonomy under section 52 of the Act. They can also affect the recital of, and decisions upon, such matters as procedures, interest, costs and so on. g. the Agricultural Holdings Act 1986) include provision for certain disputes to be resolved by arbitration. It is possible that such a statute might limit the nature of dispute which can be so referred, or impose limitations or other requirements which can influence the content and format of the award.
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. Under the provisions of section 52(1) ‘The parties are free to agree on the form of an award’ and by section 52(4) the parties can agree to dispense with reasons. An award without reasons still needs to recite at least sufficient to identify the parties, how the arbitrator came to have jurisdiction, what was in dispute (for the parties might have several current disputes of which this is one) and the fact that the parties agreed to an award without reasons.
Arbitration Awards: A Practical Approach by Ray Turner