Fundamentals of Award writing and possible Pitfalls: An Arbitrators View'

Описание: ODR Webinar Series: SE 08 EP 02 : Fundamentals of Award writing and possible Pitfalls: An Arbitrators View'

Form and Substance of an Enforceable Arbitral Award and Avoiding the Pitfalls: An Arbitrator’s View

The issuance of an arbitral award by the arbitrator resolves the issues and ends the legal battle between the disputing parties, or does it?

In some cases, the issuance could be the beginning of another (potentially) long series of arguments in a setting aside application at the court of the seat of arbitration or in resisting enforcement at the enforcement jurisdiction. A majority of arbitral awards survive attempts at setting aside or resisting enforcement. Quite a few do not.

In this webinar, we will canvass the fundamental principles and requirements of an arbitral award enforceable in any New York Convention jurisdiction. We will also survey the legal basis referred to by courts from certain jurisdictions why they have set aside arbitral awards or refused their enforcement and provide a commentary on whether such reasons are following international best practices and standards or not. Either way, it will be helpful for any arbitrator to keep abreast with case authorities in jurisdictions pertinent to their cases to avoid issuing an unenforceable award.