An Arbitral Tribunal (sole arbitrator or panel of three) whether presiding over an international or domestic arbitration, will have to write a reasoned award. The arbitral tribunal can make different type of awards. All these awards have the formal and substantive requirements. Most of these requirements are mandatory to ensure recognition and enforcement.The formal requirements deal with the form of the award, be in writing, be signed, state the seat of the arbitration, be published and deliverd. the substantive requirement asserts that the award must resolve all issues referred to the arbitrators; disregard extraneous issues going beyond the jurisdiction of the arbitrators; be final and conditional; be certain and capable of performance by the parties; and ultimately, be capable of enforcement by the courts. This is an important and challenging task. The quality of the award will ensure the arbitral process is successful or a failure especially when it is challenged during its enforcement. Writing an arbitral award is different from writing a submission or a judgement. Arbitration & Litigation are not identical. It is commonplace for awards to state reasons. In Practice, the requirement for reason in the award varies from one type of arbitration to another. Reason is an International arbitration award is to enable persons whose property, or whose interest, were being affected by some decision to know, if the decision was against then, what the reasons for it were. This talk will cover the types of awards, for whom the award is written, drafting the award, formal requirement, of the award, contents of an awards, Substantive requirements, reasons, format of a reasoned International award & award writing checklist.
About the speaker :
Datuk Professor Sundra Rajoo
Founding President, Asian Institute of ADR (2018 to date)
Certified International ADR Practitioner, Charted Arbitrator
Advocate & solicitor; Architect and Town planner;
Director, Asian International Arbitration Centre (2010-2018)
Chairman, Asian domain name dispute resolution centre (2018)
Deputy Chairman, FIFA Adjudicatory chamber (2018)
President, Charted account of Arbitrator (2016)
President, Asian Paccific Reasonal Arbitration Group (2011)
Founding president, Society of Construction law Malaysia
Founding President, Sports Law Association of Malaysia
Sometime visiting & Adjunct professor at University Teknologi Malaysia,
University Keban Gasan Malaysia, University Sains Malaysia.