Arbitration Awards: A Practical Approach

Ray Turner is a quantity surveyor, an arbitrator with over 40 years' experience of arbitrations, and a past chairman of the Chartered Institute of Arbitrators. He was formerly Visiting Professor of Arbitration at Leeds Metropolitan University. He was conducted several hundred arbitrations and was a member of various institutional panels of arbitrators. A Fellow of the Charted Institute of Arbitrators, having been a member since 1953, he was a member of its Council for 16 years, Chairman of the Institute, Chairman of its Arbitration Committee (twice) and its Profesional Conduct Committee, a member of other committees including its Examinations Board and Registration Board; tutor or course director on many of its courses at all levels, examiner, then moderator. Having conducted or lectured on arbitration courses for the Universities of York and Salford and for UMIST, in 1993 he was appointed the first Visiting Professor of Arbitration at Leeds Metropolitan University. He was the first external examiner on the College of Estate Management Diploma in Arbitration. He has lectured on arbitration topics on over 150 occasions for other bodies, and he has given papers or spoken on arbitration by invitation in Bermuda, Chicago, Gibraltar and Barcelona. A founder member of both the Society of Construction Arbitrators and the Society of Construction Law, he was for nine years a Vice-President of the Academy of Experts, a member of its fellowship vetting Committee, its Disciplinary Committee and its first working party on terms of appointment. A charted quanitity surveyor by profession, he was a member of the RICS QS Practice Board and chairman of its Fees and Conditions Panel, a member of its inter-divisional working parties on mutual insurance and on EC proposals on construction liability and he was RICS representative on the DOE/Construction Industry Liaison Group. Prior to retirment he lectured widely on matters relating to construction contracts and related insurances. From 1987 until 2001 he was a Member of the VAT and Duties Appeals Tribunals.

Part A Introduction. Chapter 1: A preliminary introduction; 1.1 Purpose and nature; 1.1.1 Definition. 1.1.2 Purpose; 1.1.3 Nature; 1.1.4 Requirement for natural justice; 1.2 Relevant law; 1.2.1 General; 1.2.2 The Arbitration Act 1996; 1.3 Requirements of an enforceable award; 1.3.1 Formal requirements: 1 Writing and signature: 2 Identification of the parties: 3 Recitals: 4 Reasons: 5 Date: 6 Statement of Seat: 7 Issues dealt with: 8 Notification; 1.3.2 Substantive requirements: 1 Cogency: 2 Completeness: 3 Certainty: 4 Finality: 5 Enforceability: 6 Jurisdiction: 7 Legality: 8 Possibility: 9 Consistency: 10 Compliance with submission; 1.4 Distinctions from a judgement; 1.5 Illustrative monetary award (See Appendix 3). Part B Background principles. Chapter 2: Types of awards; 2.1 Introduction; 2.2 "Substantive" awards; 2.2.1 Monetary awards; 2.2.2 Declaratory awards; 2.2.3 Performance awards; 2.2.4 Injunctive awards; 2.2.5 Rectificative awards: 1 Rectification: 2 Setting aside: 3 Cancellation; 2.3 "Supportive" awards; 2.3.1 Awards on jurisdiction; 2.3.2 Agreed awards; 2.3.3 Awards on separate issues; 2.3.4 Awards on reserved matters; 2.3.5 Corrective or additional awards; 2.3.6 Awards following remission; 2.3.7 Awards giving further reasons; 2.3.8 Awards following payment during the reference; 2.3.9 Awards following: 1 earlier order giving provisional relief under section 39: 2 earlier adjudicator's decision; 2.3.10 Unreasoned awards; 2.4 "Procedural" awards; 2.4.1 Awards dismissing the claim; 2.4.2 Awards on abandonment; 2.5 "Institutional" awards; 2.5.1 Awards under rules or other statutes; 2.5.2 Awards under "consumer" schemes; 2.6 "Ancillary" awards. 2.6.1 When is an award (perhaps) not an award?. Chapter 3: Style, content and check-lists; 3.1 Style; 3.1.1 Narrative style; 3.1.2 Language; 3.1.3 Headings and list of contents; 3.1.4 Reasons and their incorporation; 3.1.5 Checking; 3.2 Content; 3.2.1 In general; 3.2.2 Basic structure; 3.3 Expanded check-list; 3.3.1 Section A Heading; 3.3.2 Section B Background; 3.3.3 Section B1 Identification and jurisdiction; 3.3.4 Section B2 Interlocutory procedural matters; 3.3.5 Section B3 Hearing; 3.3.6 Section C Submissions and evidence; 3.3.7 Section D Analysis/findings/reasons/decisions; 3.3.8 Section E Value Added Tax implications; 3.3.9 Section F Interest; 3.3.10 Section G Costs; 3.3.11 Section H Operative section; 3.3.12 Section I Reserved matters; 3.3.13 Section J Signature and formalities; 3.3.14 Final check. Chapter 4: An approach to decision-making; 4.1 Background; 4.2 Underlying matters; 4.3 The components of decision-making; 4.3.1 The substantive issues: 1 Basis of determination: 2 Collation of information: 3 Consideration of submissions: Agreed facts, Uncontested facts, Documentary evidence, Inspection of the subject-matter, Expert evidence, Facts to be found from consideration of evidence, Applicable law (or other basis), The pleadings/ opening and closing submissions: 4 Determination, issue by issue: 5 Accumulation of related issues: 6 Decision-making tasks - substantive issues: 7 Condensing reasons into suitable form; 4.3.2 Value Added Tax: 1 Background: General, Likely circumstances: 2 Decision-making tasks relating to VAT; 4.3.3 Interest: 1 Background, General, Restraint on discretion, Set-off?, Possible complexities, Post-award interest: 2 Decision-making tasks relating to interest; 4.3.4 Costs:1 Background: General, Costs follow the event, except ..., Basis of determination of recoverable costs, Effect of offer of settlement, Set-off?, Quantum, Arbitrator's fees and expenses: 2 Decision-making tasks relating to costs; 4.3.5 Reserved matters. Chapter 5: Synthesis of an award; 5.1 Introduction to the illustrations; 5.2 The basic scenario; 5.3 Synthesis of an award; 5.3.1 Section A The Heading; 5.3.2 Section B Background; 5.3.3 Section B1 Identification and jurisdiction: 1 Identification of the parties: 2 Contract, or other relationship.3 Law of