So that the tribunal takes every part into account, provide a table with page references showing where arguments from both sides can be found on each issue.
Sample 1 Facts This collision occurred on February 10, at 6: Ways to help Summarise the arbitration It is best practice for arbitrators to start drafting the first part of the award the overview of the arbitration at the beginning of the case, and add to it as the matter proceeds.
The roadway was gravel where this incident occurred. The directional right-of-way per Missouri Statute View full case and findings Sample 4 Facts The accident occurred on August 1,at approximately 7: The weather was clear and dry. The tribunal may struggle to focus on particular points when writing the award if these are obscured by passages they have read before.
Being helpful will not make a bad argument succeed; but where a party has a reasonable case, helping may encourage the tribunal to view it in a more sympathetic light.
It can also be helpful to include dates in the timetable when the arbitrators will gather if there are three arbitrators in order to review the case — both before and after the hearing. Secondly, as Robert Cialdini explained in his classic book on the psychology of persuasion,2 the desire to reciprocate is a powerful influencer.
The effort of award-writing requires a tribunal to analyse all the issues and arguments carefully, and avoid falling back on assumptions. You can do this by giving the tribunal a written chronology, setting out everything that has happened in the arbitration.
Use a clear list of issues An important part of the second section of the award involves identifying the key issues in the dispute. Readers should take legal advice before applying it to specific issues or transactions. The tribunal may have asked the parties to submit a list of issues early in the timetable, or it may have prepared a list itself.
This is true, in our experience. This has the added benefit of serving as a checklist so you know you have covered everything. What is most important for award-writing, therefore, is a comprehensive consolidated index.
In order to guide the tribunal through these, follow the list of issues in the structure of your document. It is better to refer back clearly to the earlier text, and, if you want to highlight certain arguments, do so in oral submissions at the hearing. At the end of the arbitration, provide the tribunal with an index of everything that has been filed so that they can easily lay their hands on relevant documents.
Structure of an award To understand how you can help, you must first know how an award is constructed. Keep up to date Sign up to receive the latest legal developments, insights and news from Ashurst.photocopying, recording or otherwise, without the prior permission in writing of the If any time limits for issuing a final award are specified in the arbitration agreement, including any applicable rules and/or the lex arbitri, Drafting Arbitral Awards Part I —.
The award is one of the most important reasons parties engage in arbitration. Relegating the award to an afterthought, and allowing the hearing preparation, presentation and management to become the prime.
Dr. T Williams – Writing the Grievance Arbitration Brief 2 that are important for effective brief writing. In reading the following materials, the advocate should not lose track of the. arbitrator is writing an award in an international arbitration there is the prospect that arbitration agreement, the award may then become more particular about the Writing Awards in International Commercial Arbitration.
14 rows · Articles on Arbitration; Sample Awards; Fees; Contact. Sample Awards “I. SEPTEMBER Toolkit for Award Writing 9 for refusal to enforce and annulment in the vast majority of countries, 1 has obviously underpinned the success of international arbitration over the last five.Download