Arbitration Awards: A Practical Approach

‘Drawing on his long and practical experience [the author gives] guidance which only the foolhardy would reject without good reason for doing so. With this manual beside him, many an arbitrator will, I feel sure, sleep the sounder.’ – The Rt Hon The Lord Bingham of Cornhill.
The preparation of an arbitrator′s award requires a rigorous approach to the consideration of submissions and evidence, and to the decisions stemming from that consideration, and the arbitrator must be competent to draft a valid and enforceable award.
These tasks can be complex for any arbitrator, particularly so for the less experienced. This book has been written to provide clear and practical guidance, whilst emphasising that there is no standard method of preparing or writing an award. It includes illustrations relating to a wide range of types of award.
It will be of interest to all arbitrators and those involved in the process, whether they are concerned with commodities, insurance, maritime matters, rent disputes, construction or commerce.

Spis treści:
Part A Introduction.
Chapter 1: A preliminary introduction; 1.1 Purpose and nature; 1.1.1 Definition.
1.1.2 Purpose; 1.1.3 Nature; 1.1.4 Requirement for natural justice; 1.2 Relevant law; 1.2.1 General; 1.2.2 The Arbitration Act 1996; 1.3 Requirements of an enforceable award; 1.3.1 Formal requirements: 1 Writing and signature: 2 Identification of the parties: 3 Recitals: 4 Reasons: 5 Date: 6 Statement of Seat: 7 Issues dealt with: 8 Notification; 1.3.2 Substantive requirements: 1 Cogency: 2 Completeness: 3 Certainty: 4 Finality: 5 Enforceability: 6 Jurisdiction: 7 Legality: 8 Possibility: 9 Consistency: 10 Compliance with submission; 1.4 Distinctions from a judgement; 1.5 Illustrative monetary award (See Appendix 3).
Part B Background principles.
Chapter 2: Types of awards; 2.1 Introduction; 2.2 "Substantive" awards; 2.2.1 Monetary awards; 2.2.2 Declaratory awards; 2.2.3 Performance awards; 2.2.4 Injunctive awards; 2.2.5 Rectificative awards: 1 Rectification: 2 Setting aside: 3 Cancellation; 2.3 "Supportive" awards; 2.3.1 Awards on jurisdiction; 2.3.2 Agreed awards; 2.3.3 Awards on separate issues; 2.3.4 Awards on reserved matters; 2.3.5 Corrective or additional awards; 2.3.6 Awards following remission; 2.3.7 Awards giving further reasons; 2.3.8 Awards following payment during the reference; 2.3.9 Awards following: 1 earlier order giving provisional relief under section 39: 2 earlier adjudicator′s decision; 2.3.10 Unreasoned awards; 2.4 "Procedural" awards; 2.4.1 Awards dismissing the claim; 2.4.2 Awards on abandonment; 2.5 "Institutional" awards; 2.5.1 Awards under rules or other statutes; 2.5.2 Awards under "consumer" schemes; 2.6 "Ancillary" awards.
2.6.1 When is an award (perhaps) not an award?.
Chapter 3: Style, content and check–lists; 3.1 Style; 3.1.1 Narrative style; 3.1.2 Language; 3.1.3 Headings and list of contents; 3.1.4 Reasons and their incorporation; 3.1.5 Checking; 3.2 Content; 3.2.1 In general; 3.2.2 Basic structure; 3.3 Expanded check–list; 3.3.1 Section A Heading; 3.3.2 Section B Background; 3.3.3 Section B1 Identification and jurisdiction; 3.3.4 Section B2 Interlocutory procedural matters; 3.3.5 Section B3 Hearing; 3.3.6 Section C Submissions and evidence; 3.3.7 Section D Analysis/findings/reasons/decisions; 3.3.8 Section E Value Added Tax implications; 3.3.9 Section F Interest; 3.3.10 Section G Costs; 3.3.11 Section H Operative section; 3.3.12 Section I Reserved matters; 3.3.13 Section J Signature and formalities; 3.3.14 Final check.
Chapter 4: An approach to decision–making; 4.1 Background; 4.2 Underlying matters; 4.3 The components of decision–making; 4.3.1 The substantive issues: 1 Basis of determination: 2 Collation of information: 3 Consideration of submissions: Agreed facts, Uncontested facts, Documentary evidence, Inspectio n of the subject–matter, Expert evidence, Facts to be found from consideration of evidence, Applicable law (or other basis), The pleadings/ opening and closing submissions: 4 Determination, issue by issue: 5 Accumulation of related issues: 6 Decision–making tasks – substantive issues: 7 Condensing reasons into suitable form; 4.3.2 Value Added Tax: 1 Background: General, Likely circumstances: 2 Decision–making tasks relating to VAT; 4.3.3 Interest: 1 Background, General, Restraint on discretion, Set–off?, Possible complexities, Post–award interest: 2 Decision–making tasks relating to interest; 4.3.4 Costs:1 Background: General, Costs follow the event, except ..., Basis of determination of recoverable costs, Effect of offer of settlement, Set–off?, Quantum, Arbitrator′s fees and expenses: 2 Decision–making tasks relating to costs; 4.3.5 Reserved matters.
Chapter 5: Synthesis of an award; 5.1 Introduction to the illustrations; 5.2 The basic scenario; 5.3 Synthesis of an award; 5.3.1 Section A The Heading; 5.3.2 Section B Background; 5.3.3 Section B1 Identification and jurisdiction: 1 Identification of the parties: 2 Contract, or other relationship.3 Law of the contract:4 Arbitration agreement: 5 Provisions for appointment: 6 Applicable rules: 7 A dispute having arisen: 8 Nature of the dispute and matters in issue: 9 Appointment: 10 Challenge to jurisdiction: 11 Basis for decision: 12 Other matters; 5.3.4 Section B2 Interlocutory procedural matters: 1 Transfers: 2 Seat: 3 Interlocutory agreement on rules, powers or procedures Procedural/ evidential matters, Consolidation/ concurrent hearings, Experts, legal advisers, assessors, Property the subject of proceedings, Preservation of evidence: 4 Use of uncommon powers: 5 Clarification/ amendment of issues: 6 Previous awards: 7 Issue(s) to be determined by this award: 8 Meetings: preliminary, further, review: 9 Consequent/ subsequent applications/ orders Attended hearing or "documents only", Type of statements, timetable, Disclosure/ production of documents, Exchange of witness proofs and experts′ reports, Meetings of experts, Language and translation, Questions to be put, Other relevant matters: 10 Resultant party action Brief details of exchange, Admissions or agreements, result of meeting(s) of experts, Any resultant reduction in/ expansion of matters in issue: 11 Other directions and/or administrative actions Orders for security, Limitation of costs, Any valid "costs in any event" agreement, Any "costs in any event" directions:12 Provisional orders: 13 Party default (and consequence Inordinate or inexcusable delay, Failure to comply with order/direction: 14 Peremptory orders: 15 Other relevant matters; 5.3.5 Section B3 Hearing: 1 Transfers: 2 Hearing: 3 Failure to attend / ex parte proceedings: 4 Representation and witnesses: 5 Oral evidence: 6 Default during hearing: 7 Inspection: 8 Agreed list of issues: 9 Other matters; 5.3.6 Section C Submissions and evidence: 1 The contentions: 2 Opening and closing submissions: 3 Witnesses / evidence, if not covered in B Identification of witnesses, Precis of relevant evidence, Equivalent description in ex–parte proceedings: 4 Inspection, if not covered in B Purpose of inspection, Result of inspection: 5 Other matters; 5.3.7 Section D Analysis/ findings/reasons/ decisions: 1 List of issues: 2 Common ground: 3 Analysis of submissions and evidence Facts/ law/ application/ decision, Interest as special damages, Decision on substantive issue(s), Counterclaim or set–off: 4 Summary of decisions on substantive issues: 5 Amounts paid during period of arbitration; 5.3.8 Section E Value Added Tax implications: 1 Dealing with Value Added Tax; 5.3.9 Section F Interest: 1 Interest within the award: 2 Post–award interest; 5.3.10 Section G Costs: 1