By Ray Turner
‘Drawing on his lengthy and sensible adventure [the writer supplies] information which basically the foolhardy may reject with no stable 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 guidance of an arbitrator's award calls for a rigorous method of the honour of submissions and proof, and to the choices stemming from that attention, and the arbitrator needs to be useful to draft a sound and enforceable award.
These projects might be complicated for any arbitrator, fairly so for the fewer skilled. This e-book has been written to supply transparent and useful assistance, while emphasising that there's no normal approach to getting ready or writing an award. It contains illustrations with regards to a variety of forms of award.
It might be of curiosity to all arbitrators and people curious about the method, whether or not they are excited by commodities, assurance, maritime concerns, hire disputes, development or trade.
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Additional info for Arbitration Awards: A Practical Approach
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. 4 ‘Procedural’ awards As defined for the purposes of this book, these are: .
Although section 39 has a side heading referring to provisional awards, the view of many is that the title is an historical accident stemming from positional changes as the Arbitration Bill proceeded through its various stages, and that the provision is for an order. That interpretation is preferred here, but some commentators take a different view. Section 38(3) has no such reference to an award, but nonetheless there are some who contend that they would wish to have, or to publish, such a decision as an award.
Each has jurisdiction over one specific match and can exercise his powers over that match but obviously not over the other. One or more of the parties to an arbitration agreement might raise objection as to the jurisdiction of an arbitrator. Likely situations where this can arise are: (a) The arbitral appointment has been by an ‘appointing authority’. After such purported appointment has been made a party contends that the dispute falls outside the terms of the arbitration agreement. That party might, for instance, contend that ‘ .
Arbitration Awards: A Practical Approach by Ray Turner