Arbitration: Award Writing Process

• The course aims to explain the importance of procedural history and the principles of arbitration in preparing the Final Award.
• Aimed at helping to evaluate domestic arbitration law and the New York Convention to avoid enforcement problems.
• Students will be able to list facts/legal issues and demonstrate reasoned decisions grounded in knowledge and law.
• Intended to equip students with the expertise to apply knowledge and skills to produce a reasoned award.

Award Writing Process

• Arbitrators have unique styles when writing awards.
• This course focuses on ensuring awards are challenge-proof and enforceable.
• Writing an award involves three drafts: technical, analytical, and final.
• The technical draft is written before the hearing including checkboxes.
• The analytical is written after closing statements and deals with facts and law.
• The final is written after cost submissions.
• Technical matters include correctly identifying parties, representatives, witnesses, applicable laws, and dispute rules.
• Procedural orders, hearing details and any further publication of the award must be correct.
• All procedural decisions should be summarized in the award to safeguard against challenges.
• Awards must be standalone documents.
• Parties control the confidentiality of arbitration.
• Awards should be clear, concise, and free from errors or ambiguities.
• The analytical draft consolidates issues and analyzes facts/law after the preliminary meeting and hearing.
• Awards must address all issues and their costs/fees.
• The arbitrator makes final financial decisions of the analytical draft and cost determination in the final draft.
• Interim decisions and cost implications are taken into account.

Finalizing Awards

• Finalization involves making the award final and rendered in a specified place, date, and signature
• Arbitrators must know laws/rules about award finalization in certain jurisdictions.
• Errors can be corrected after the award based on ELEX arbitrary rules.
• Institutes may ask for clarifications before publishing.
• Key skills for writing a final arbitration award are emphasized, especially for international cases.
• Awards are separated into the Technical Draft, the Analytical Draft, and The Final Draft.
• The focus should be understanding technical requirements, analyzing facts and legal matrices, and rendering reasoned decisions.

Technical Draft

• The course offers guidance on writing the first draft of an award, the Technical Draft.
• The Technical Draft includes technical components such as grammar, sentence structure, formatting, and ensuring clarity.
• Correctly identify parties, representatives, witnesses, contract, and applicable laws and rules.
• The dispute should be set out in a neutral manner to meet enforcement requirements, prepare groundwork, and contextualize the award.
• Procedural History is crucial from a due process perspective running from the Notice of Arbitration. to the Publication of the Award.

Enforceability of International Arbitration Awards

• Arbitrators must be aware of the New York Convention terms on the recognition and enforcement or domestic laws.
• Arbitrators must ensure the award is enforceable with Articles two and five of the New York Convention.
• Article 2 relates to the validity of the arbitration clause.
• Article 5 concerns the validity of the award itself.
• Courts under the New York Convention enforce awards if arbitration is correctly followed.

Reasons for Refusal of Recognition and Enforcement

• Incapacity of parties
• Invalidity of the arbitration agreement
• Lack of proper notice of appointment
• Inability to present the case
• Award deals with matters beyond submission to arbitration
• Composition of arbitral authority
• Arbitral procedure not in accordance with the agreement
• Award not yet binding/set aside
• Subject matter not capable of settlement by arbitration
• Recognition/enforcement contrary to public policy

Language Skills for Writing an Award

• Number every paragraph with a cascading system.
• Number every page.
• Structure the award with headings, grammar, and sentence structure.
• Use one idea per sentence.
• Ensure consistency in dates, times, time zones, and currency.
• Proofread the award.
• The header page refers procedural law and sets out claimant/respondent parties.
• Ensure the header page meets the formality requirement in the seat of arbitration and under the relevant rules.
• Names and addresses of law firms can be included.
• The header page should not be dated.
• Introduction should set out addresses of the claimant an respondent, state the contract, and introduce its arbitration clause

Procedural History

• Explain the dispute in neutral language.
• Indicate how the claimant notified the respondent.
• Set out procedural events systematically by date including arbitration notice, arbitrator’s appointment, and procedural orders.
• The award must act as a standalone document.
• Include the Procedural Meeting, the Terms of Reference, all party applications, any orders made, the hearing, post-hearing briefs, cost submissions, and Calderbank Offers.

Award Analysis

• The arbitrator identifies and analyzes each issue in dispute.
• Analysis includes confirming the issues in dispute and analyzing each issue in turn.
• The analysis section is broken down into Facts, Law, Application, and Conclusion.
• Facts pertain to that specific issue.
• Law is specific to the issue, including the relevant terms.

Summarizing the Award

• Summary includes liability decision, any quantum, any interest to be awarded, and any costs implication for that issue.
• Concise summary of the reasons for the award is also included.
• Arbitrator responsibility to summarize declaration requests, quantum, interest, arbitration costs, parties’ costs, a reimbursement clause, the total amount to be paid, the payment date, and order for non-compliance interest.
• Final page points include confirmation of the examination of submissions/evidence, that this is a final award, the place of signing, and the seat of the arbitration.

Interest and costs

• Arbitrators maintain order, through interest and cost, to enforce compliance with directions within the arbitration.
• Costs can be created by refusals to cooperate.
• Non-compliance interest can be awarded to encourage payment.
• Interests: It is important to appreciate matter may attract interest differently factoring various number of factors, such as the source of the monies, currency, bank loan terms, related or sub-contracts or statutory regulations.
• Arbitrator has power to award interests within specific circumstances.
• Considerations should be made for dates which interests started to accrue, the method of calculating interests/rates, exact calculation of interests for each relevant issue, and whether interests will accrue between award and payment date.
• Considerations should be made for non compliant interest.

Costs and Appointment

• Costs need to be considered in two stages, first individually relating to each issue and then the cost should be written up in a section.
• Some things considered are behavior, if the cost submissions reasonable/proportionate, and any settlement offer.
• Some things needed to be covered are arbitration costs, arbitrator's fees, Institutes fees, the Hearing costs and Parties legal costs.
• Parties may ask for the Award to be a Final Award "Save as to Costs" with the arbitrator issuing a "Cost Order"
• Parties may request tax.

Introduction to dispute

• A summary the parties and details of contract.
• Claimant party: Up Co Ltd, Number 10, The Tower, Tower Road, Uplands, Northistan. Claimants include Mr Ishmael and Dr. Athens.
• Claimants counsel: AV Lopez of Avantgarde Chambers.
• Respondent party: Down Co Ltd, The Penthouse, Bridge Street, Southampton, Southland. Respondents include Mr Hussman and Dr. Gold.
• Respondents council: Av Honney of Honney Law Office, South Street, Southampton, Southland.
• Contract: Signed 1 March 2018 to buy 200 laptops for W£20,000 with paymen ts of 50% upon signing and 50% on delivery. Late payment fee of 5%
• All disputes settled by binding arbitration in Westland in the rules of the Westland Arbitration Centre
• Respondent made first payment, and then made another £1000 payment as contracted.

Facts of Case

• Claimant followed up payment; no answer. The respondents could not get 50 laptops to work, and they sourced 50 other laptops locally at L1000.
• the respondents demanced a refund of L5000 and the claimants demanced L100.

Dispute Resolution

• Claimant filed notice of arbitration 25, April, 2018 in the Westland Arbitration Centre requesting they appoint an arbitrator.
• the Westland Arbitration Centre contacted Dr. Jones who was available and accepted the nomination
• Prelimiary meeting was due via video call to start 31 of may 2028

The importance of Preliminary meeting in Arbitrary law

• Must send an agenda to the parties
• Need the names of the parties and their respective representatives
• Is there an appointment or jurisdiction of the arbitrator?

During the meeting

• Is there anticipated arbitrary clause issues.
• Adopt any rules on evidence. Give thought to online meetings and the tech.

Other meetings

• decide how costs bearing or set limits.
• Implication of Spondolous Claims
• Encourage cost implications
• Settle dispute and rejected canderbank offer.
• Are there any evidence or Awards in question?
• Biffurcation Jurisdictional or liability/quantum matters,
• Is a hearing required or another form of the decision easier?
• Identify the experts, factual witnesses, and parties

Jurisdiction Issues

• Speaker pointed out the arbitrator would be an expert and clearly not agreed
• Not consented to jurisdiction with him but consent was give to Mr Holmes who died last months
• The arbitration clearly name the centre.

Key points in article clause

• All dispute related to the contract were written by Mr Holmes but Holmes was unaviable to take the appointment.
• Rules stated by the Westland Centre
• Any party to challenge need to send notice 15days after appointment
• Failure to reach any challenge will be denied.

Evidence

• A witness given for or by some
• Demonstrative: A witness that might use to demonstrate.
• Real: existed used inspection for triubunal.
• Documentray: contract, weekly account or any minuits of meetings/ emails invoices customs. declarations
• The tribune needs what to come to with an organised request.

1st Unit Pre Hearing

• To confirm the hearing and capacity of virtual hearing / hotel arrangements
• Compliance to directions must be met Evidence needs a formal schedule
• Tribunal needs to short request
• Short description of reason
• Document objections and decisions.

Hearing of Sept/2/2008

• The repodnent is raising an issue to where the pre hearing is.
• New evidence where the date for this has passed?
• To be clear or new new evidence for the record needed with proof.
• The lawyer had been specifically cut.

Dr Jones Statement

1 - the evidence cannot be recorded unless given permission 2 - It is the party agrees if not enforcement is possible for going back on its word. 3 - I can only say it is very sensitive for not admitting.

Key Notes From Speaker 15

• I will allow this, and I will ask the climent if there is the need for the time to conciler however all the costs are in place already not to make new decisions
• The lawyers has said we deiceding not allow them but said is should have been and it duely completed the issue by law.

Dr Jones Statement Regarding Key Rules on Evidence Statement- 1

• They were agreed to the incorporation on the WAA and WIB.
• It's according in the consent
• Any information not said by me I have the right to deice this to is how I will take jurisdiction and allow this to be used.

Claiment (Evd- Dr. Jones)

10 of Set/20.

• Very simple dispute with good points with the best price possible
• Did not pass a message before he stopped before retiring.
• All were good, and no breach of contract.
• With section 14 of chapter C24 my clients cannot fall under the terms or unable to trun off.
• With simple rates/ intrest all due should be rewarded with cost.
• the repondent is out of line.
• The doctor says this has 50latter versions.

Speaker 3 of Law

• "the climent of course, so we had these left but the other older one was to turn to the onside to turn the device on"
• We had an agreement that the the 2 where fine expect to turn on and had the exact same use - I said we are going to trow these older 150 for the new verisont to be as well for free with a excellent time.
• the PDF has one button as a full chater to see the troulbutions.

Law Review

• The new boss as the other one didn't replied in the is and cannot to give her insight.
• The Dr has looke in this so do you want me to bring him to tell you?" - "Can the technicals be explained in simple terms with the same perametitions?"
• I understaid you lock at the mentals and they had what they needed so you would be there

Transcipt

• the witness is not that good
• he should be moved of the of the speaker.

Speaker (4)

• they had it. And what was found from the sales men
• They are very cheap.
• What you should have been rewarded
• there are one's which you and been said if you see what you will pay this and it will be not be good or the replacements.
• The lawyers says "they not good with these items"
• The amount has not been worked
• You need to to look again with this situation too.

Dr. Jones 4 specific key point

• It is an option to be aware of the point of there actions to not let the speaker to say what he is doing
• The lawyer will need to get more time get him as it is a lot with the statements