Award Writing Tips and Scrutiny Under Siac Rules I. Introductions
Award Writing Tips and Scrutiny Under Siac Rules I. Introductions
Award Writing Tips and Scrutiny Under Siac Rules I. Introductions
I. Introductions
In determining the appropriate style, an arbitrator must consider several elements in
drafting the award. Arbitrators must aware to whom this award intended, the readers
needs and expectation from this award, and the purpose of this particular award.
Those considerations will play into determining the appropriate style.
First and foremost, the prime audience of the award are the parties of the case as
they are the one who appointed the arbitrators. Both the winning and the losing
parties should be the main consideration for the tribunals in making an award.
The losing party needs to know that the case was correctly and fairly decided and
their position was dully considered by an impartial decision-maker (arbitrators). In this
sense, the arbitrator’s reasoning could be describe primarily for the loser’s benefit.
The enforcement authorities will need the operative part of the award to clearly record
the rights and obligations of the parties in order to enforce the award and will need to
be satisfied that due process was observed. Hence, the procedural history is primarily
for the court’s benefit.
With the above in mind, it is important for any arbitrators to writes an award with a
clear language, structure, and in a correct format with the goal to satisfies the readers
and enforce the award. In this presentation, I will give you several tips in award writing
and the important role of scrutiny in an Arbitration (specifically under SIAC Rules). I
hope that these tips will be able to help fellow arbitrators or young arbitrator to
improve their award writing skills . The aim for this guide for award writing tips is to
provide practical advice in this important area. This award writing tips is not intended
to set an uniform standards of award writing tips. These tips are based on my
knowledge and experience from practicing as lawyer and arbitrator for years.