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GUIDELINE

Guideline for Drafting Arbitral Award by Presiding Arbitrator:

This document is employed in arbitration proceedings where multiple arbitrators are involved, and a presiding arbitrator takes a lead role. Here's a concise guide for drafting this award:

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

Introduction and Role Clarification: Begin with a brief introduction, highlighting the role of the presiding arbitrator and their responsibilities in rendering the award.

Background and Reference: Provide a concise overview of the dispute, outlining the claims, counterclaims, and key issues presented during the arbitration proceedings.

Legal Framework: Establish the legal framework governing the arbitration process, citing relevant arbitration rules and laws applicable to the case.

Findings and Conclusions: Clearly present the presiding arbitrator's findings on the merits of the dispute, addressing each claim and counterclaim individually, and provide a well-reasoned conclusion.

Common Mistakes to Avoid:

Inconsistent Language: Ensure consistency in language and tone throughout the award to present a unified and coherent document.

Neglecting Legal Framework: Clearly identify the arbitration rules and laws governing the proceedings to avoid challenges to the validity of the award.

Ambiguous Findings: Use precise language in presenting findings to avoid ambiguity that may lead to misinterpretation by the parties.

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

Lack of Clarity in Conclusions: Clearly articulate the presiding arbitrator's conclusions on the merits of the dispute, providing transparency in the decision-making process.

By adhering to these guidelines and avoiding common mistakes, a well-drafted Arbitral Award by Presiding Arbitrator ensures a clear, consistent, and legally sound resolution to disputes in arbitration proceedings involving a panel of arbitrators. This type of award is commonly used in complex commercial arbitrations and international disputes.

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