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Guideline for Drafting Arbitral Award by Single Arbitrator Determining Cross:
This document is employed in arbitration proceedings where a single arbitrator is tasked with determining cross-claims between parties. Here's a concise guide for drafting this award:
Title and Identification: Clearly title the document as "Arbitral Award by Single Arbitrator Determining Cross-Claims." Include names of parties, the arbitrator, and the case reference.
Background and Reference: Provide a brief background of the arbitration and reference relevant cross-claims, establishing the context for the arbitrator's decision.
Legal Framework: Establish the legal framework governing the arbitration process, citing applicable arbitration rules and laws.
Arbitral Findings: Clearly outline the arbitrator's findings on the cross-claims, addressing each claim individually and providing a rationale for the decision.
Execution and Signatures: Include spaces for the arbitrator's signature, confirming the acceptance and understanding of the award.
Common Mistakes to Avoid:
Inadequate Background Information: Ensure a comprehensive summary of the arbitration and cross-claims, enabling a clear understanding of the arbitrator's decision.
Failure to Apply Legal Framework: Clearly articulate how the legal framework and relevant laws are applied in determining the validity of cross-claims.
Ambiguous Findings: Use precise language in presenting findings to avoid ambiguity that may lead to misinterpretation.
Neglecting Evidence: Consider all relevant evidence presented during the arbitration process to make informed findings on cross-claims.
Lack of Clarity in Rationale: Clearly state the rationale behind the arbitrator's decision on each cross-claim, providing transparency in the decision-making process.
By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award by Single Arbitrator Determining Cross-Claims ensures a legally sound resolution to disputes arising from cross-claims in arbitration proceedings, often used in commercial and contractual disputes.