Award Writing and Decision-Making: Structure, Reasoning and Enforceability
Anatomy of an enforceable award
The award must identify the parties, the tribunal, the procedural history, the parties' claims, the issues, the tribunal's reasoning, the operative dispositive section, and the place and date of issuance. It must be signed by the tribunal, and the seat must be stated. Candidates should distinguish a final award from interim, partial, and consent awards, and know that reasons are usually required unless the parties agree otherwise or the applicable law permits otherwise.
Reasoning that survives scrutiny
The tribunal must address every issue necessary to the outcome and should not decide issues not argued without giving the parties an opportunity to comment. Traps include failing to deal with a pleaded head of claim, reasoning that contradicts the dispositive section, awarding interest beyond what was claimed, and costs decisions that omit the basis for allocation. A common question format asks whether an award can be set aside for inadequate reasons; the answer generally turns on whether the reasons permit the losing party to understand the decision, not on stylistic elegance.
Deliberation and dissent
Understand how tribunals deliberate, the majority rule, and the treatment of a dissenting opinion, which is usually attached but not part of the award. A presiding arbitrator should ensure the deliberation record is clear and that the dispositive section is drafted before final editing of the reasons.
Worked example
A tribunal awards damages of 1,000,000, interest at 5% from the date of breach, and costs. The claimant had claimed interest only from the date of the request. The award is vulnerable because it exceeds the claim. Rule of thumb: the dispositive section must never award more than was claimed, and every pleaded issue must be visibly addressed.