ARBITRAL AWARD ON REFERENCE OF ACTION FOR TRESPASS FOR CUTTING AWAY AND WEAKENING PARTY

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GUIDELINE

Guideline for Drafting Arbitral Award on Reference of Action for Trespass for Cutting Away and Weakening:

This document is used in arbitration proceedings related to a legal action for trespass, specifically when one party is accused of cutting away or weakening the property of another. Here's a concise guide for drafting this award:

Title and Identification: Clearly title the document as "Arbitral Award on Reference of Action for Trespass for Cutting Away and Weakening." Include the names of the parties, arbitrator(s), and case reference.

Background and Reference: Briefly summarize the facts leading to the trespass claim, specifying the property affected and the alleged damages caused.

Legal Framework: Establish the legal framework governing the dispute, referencing relevant property laws and trespass regulations.

Arbitral Findings: Outline the arbitrator's findings on whether trespass occurred, the extent of damages caused, and any liability on the part of the accused party.

Quantification of Damages: If applicable, quantify the damages suffered by the aggrieved party, providing a clear basis for compensation.

Common Mistakes to Avoid:

Inadequate Background Information: Ensure a comprehensive summary of the facts leading to the trespass claim to facilitate a clear understanding of the dispute.

Failure to Apply Legal Framework: Clearly articulate how the legal framework and relevant laws are applied in determining liability and damages.

Ambiguous Findings: Use precise language in presenting findings, avoiding ambiguity that may lead to misinterpretation.

Neglecting Evidence: Consider all relevant evidence presented during the arbitration process to make informed findings and decisions.

Lack of Clarity in Damages Quantification: If damages are awarded, provide a clear and justifiable basis for the quantification, avoiding arbitrary or unclear assessments.

By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award on Reference of Action for Trespass for Cutting Away and Weakening provides a legally sound resolution to property trespass disputes, often arising in real estate or land-related matters.

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