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GUIDELINE

Guideline for Drafting Arbitral Award as to Easements:

This document is crucial in arbitration proceedings where parties seek resolution regarding easements, which are rights to use another person's property for a specific purpose. Here's a concise guide for drafting this award:

Title and Identification: Clearly title the document as "Arbitral Award as to Easements." Include the names of the parties, details of the arbitration, and case reference.

Background and Reference: Provide a brief background on the dispute, outlining the specific easements in question and the parties' respective positions.

Legal Framework: Establish the legal framework governing easements, citing relevant property laws and precedents applicable to the case.

Easement Terms: Clearly outline the terms and conditions of the easements, specifying the rights and restrictions for each party involved.

Findings and Conclusions: Present the arbitrator's findings on the validity, scope, and nature of the easements, offering a reasoned conclusion based on evidence and legal principles.

Common Mistakes to Avoid:

Unclear Easement Terms: Ensure precise language in detailing the terms of the easements to prevent future misunderstandings.

Neglecting Legal Framework: Clearly apply relevant legal principles, statutes, and precedents governing easements to strengthen the award's legal foundation.

Ambiguous Findings: Use clear and concise language in presenting findings to avoid ambiguity that may lead to misinterpretation.

Failure to Address All Easement Elements: Ensure comprehensive coverage of all elements related to easements, addressing each party's concerns.

Lack of Clarity in Conclusions: Clearly articulate the arbitrator's conclusions on the rights and obligations associated with the easements to guide the parties effectively.

By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award as to Easements provides a clear and legally sound resolution to disputes related to property rights, frequently arising in real estate and land-use conflicts.

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