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GUIDELINE

Guideline for Drafting Arbitral Award by Two Arbitrators and Presiding Arbitrator:

This document is employed in arbitration proceedings involving three arbitrators, where two arbitrators and a presiding arbitrator jointly render an arbitral award. Here's a brief guide for drafting this document:

Title and Identification: Clearly title the document as "Arbitral Award by Two Arbitrators and Presiding Arbitrator." Include the names of the arbitrators, parties involved, and the case reference.

Background and Reference: Provide a concise overview of the dispute, referencing relevant facts, claims, and counterclaims presented during the arbitration proceedings.

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

Joint Findings and Conclusions: Outline the joint findings and conclusions reached by the two arbitrators and the presiding arbitrator on the merits of the dispute.

Execution and Signatures: Include spaces for the signatures of all three arbitrators, confirming their joint agreement on the arbitral award.

Common Mistakes to Avoid:

Lack of Consistency: 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.

Omission of Key Findings: Address all key findings and conclusions in a comprehensive manner, leaving no room for ambiguity or misunderstanding.

Unclear Attribution of Statements: Clearly attribute statements or opinions to the individual arbitrators to avoid confusion regarding their respective contributions.

Failure to Include Dissenting Opinions: If applicable, include any dissenting opinions or reservations expressed by individual arbitrators to provide a transparent record of the decision-making process.

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

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