Let’s be real – writing arbitration awards isn’t exactly a walk in the park. If you’re an arbitrator in India, doing it on your own (like most of us), you’ve probably had that moment of doubt when you’re drafting an award. You know, that “am I doing this right?” feeling? Trust me, you’re not alone!
I’ve seen many arbitrators struggle with this, especially when there’s no institution checking in on them. Sure, the independence is great, but sometimes you just wish someone would say, “Yeah, you’re on the right track.” That’s exactly why I’m writing this guide – to share what I’ve picked up over the years, including all the embarrassing mistakes I’ve made!
The Basics: What Makes an Award Tick?
Think of an arbitral award as the story of your decision. It’s basically you saying, “Here’s what happened, here’s what I think about it, and here’s what we’re going to do about it.” Simple, right? But there are some things you absolutely need to get right.
Must-Have Ingredients for Your Award
1. Tell the Whole Story
Make sure you include how everything started – who appointed you, when it happened, and what procedures were followed. Miss this part, and you might run into trouble with those pesky New York Convention rules (Articles V(b) and V(d), if you’re curious).
2. Show Your Work (Like Your Math Teacher Always Said)
Break it down:
– What’s the dispute all about?
– What does the law say?
– How do the facts fit together?
– And finally, what’s your conclusion?
Pro tip: Use the FLAC method (Facts, Law, Analysis, Conclusions).
It’s a life-saver when you’re trying to keep your thoughts straight
3. Different Flavors of Awards
Awards can come in all shapes and sizes:
– Sometimes you’re telling someone to stop doing something
– Other times, you’re ordering specific actions
– You might be fixing a contract
– Or simply deciding who owes what to whom
These could be temporary, partial, or final decisions – whatever gets the job done!
4. The Legal Stuff You Can’t Ignore
According to Section 31 of the Arbitration Act (yep, the 1996 one), here’s what you need:
– Put it in writing (no verbal awards here, folks)
– Sign it (seems obvious, but you’d be surprised)
– Date it (this is crucial)
– Mention where the arbitration happened
– Explain your reasoning (unless both parties agree you don’t have to)
5. Don’t Forget These!
– Names of everyone involved (get the spellings right!)
– Keep it confidential – these aren’t public documents
– Finish within 12 months (thanks to the 2015 amendment)
– Address everything – no loose ends!
– Make sure it’s enforceable by a court (Section 36, in case you’re wondering)
6. Common Oopsies to Avoid
Mistakes happen, but try not to:
– Leave issues hanging (deal with everything)
– Skip explanations (even if they seem obvious)
– Forget signatures (it’s embarrassing, but it happens)
– Write unclearly (if you can’t understand it when you read it back, no one else will either)
Wrapping It Up
Look, nobody’s perfect, and your first few awards won’t be either. That’s totally fine! The key is to be thorough, clear, and honest in your reasoning. Follow these guidelines, and you’ll be crafting solid, enforceable awards in no time.
Remember, every experienced arbitrator started somewhere. Keep learning, keep improving, and don’t be too hard on yourself when you make mistakes – we’ve all been there!
P.S. If you’re ever stuck, don’t hesitate to come back to this guide. We’re all in this together! 😊
- Authored by Vidhanshi Kamalia, Advocate at Corporate Legal Partners
- New York Convention Guide
- “How to write an arbitral award” by Dr. Karen Akinci FCIArb
- Form and Contents of Arbitral Award
- (1) Arb LR 369 (Del) : (2005) 118 DLT 293 : (2005) 80 DRJ 584
- Application for setting aside arbitral award
- (1996) 3 SCC 568 : AIR 1996 SC 2965 : (1996) 2 SCR 940 : 1996 (2) SCALE 447
- The ICC Award Checklist (1998 – 2012 – 2017 – 2021 rules)
- International Arbitration Practice Guideline by Chartered Institute of Arbitrators
- Chapter VI of CIArb
