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Download e-book for iPad: Arbitration Awards: A Practical Approach by Ray Turner

By Ray Turner

ISBN-10: 1405130636

ISBN-13: 9781405130639

ISBN-10: 1405144807

ISBN-13: 9781405144803

‘Drawing on his lengthy and sensible event [the writer supplies] advice which basically the foolhardy may reject with out sturdy cause of doing so. With this handbook beside him, many an arbitrator will, i believe convinced, sleep the sounder.’ - The Rt Hon The Lord Bingham of Cornhill.

The guidance of an arbitrator's award calls for a rigorous method of the honor of submissions and facts, and to the selections stemming from that attention, and the arbitrator has to be efficient to draft a sound and enforceable award.

These projects should be advanced for any arbitrator, relatively so for the fewer skilled. This ebook has been written to supply transparent and sensible suggestions, when emphasising that there's no average approach to getting ready or writing an award. It comprises illustrations when it comes to quite a lot of varieties of award.

It may be of curiosity to all arbitrators and people curious about the method, whether or not they are interested by commodities, coverage, maritime concerns, hire disputes, building or trade.

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Extra resources for Arbitration Awards: A Practical Approach

Sample text

It is in specific terms (X). They cannot agree and appoint an arbitrator (or apply for such appointment and one is made). The arbitrator orders exchange of pleadings or of statements of case. The claimant’s statement includes a matter (Y) which, whilst now in dispute, was not in dispute at the time of the appointment – or, if it was, it was not mentioned in the document(s) requesting the appointment. The respondent therefore contends that whilst the arbitrator has jurisdiction in respect of dispute X he has no jurisdiction in respect of dispute Y.

If under section 68, he must correct it so as to remove the effect of the relevant and identified ‘serious irregularity’. If under section 69, he must make such amendment as is generated by the court’s determination on the point of law. In either event he must, by section 71(3), make a fresh award on the remitted matters and must do so within the time laid down. The award should deal with resultant costs of the arbitration to the extent that (if such be the case) the court’s order does not do so, or must adopt the court’s direction as to costs.

12 Introduction All issues to be resolved by the arbitration must be determined by the arbitrator. To leave any to be resolved by a third party is not final and such an award would not be valid. The arbitrator cannot delegate a judicial function. 5 Enforceability Section 66 relates to enforcement. An award must be in a form capable of being enforced. For instance, if it awards a payment of money it must be clear as to just what amount is awarded, to be paid by whom to whom, when, and in what currency.

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Arbitration Awards: A Practical Approach by Ray Turner

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