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Guideline for Drafting Arbitral Award on Former Award Being Remitted to Arbitral Tribunal of Sole Arbitrator for Reconsideration:
This document is employed in arbitration proceedings when a prior arbitral award is remitted to an arbitral tribunal or a sole arbitrator for reconsideration. Here's a brief guide for drafting this document:
Title and Identification: Clearly title the document as "Arbitral Award on Former Award Being Remitted for Reconsideration." Include the names of the parties involved, the arbitrator or tribunal, and the case reference.
Background and Reference: Briefly summarize the background leading to the reconsideration, referencing the prior arbitral award and the specific issues to be reconsidered.
Legal Basis: Clearly state the legal basis or authority for the reconsideration and the scope within which the tribunal or sole arbitrator is to reassess the award.
Arbitral Findings: Outline the findings of the reconsideration, addressing the specific issues or grounds for reconsideration identified in the remittance.
Conclusion and Decision: Clearly state the conclusions reached by the tribunal or sole arbitrator based on the reconsideration, and if applicable, the modifications made to the original award.
Common Mistakes to Avoid:
Ambiguous Language: Use clear and unambiguous language to prevent misinterpretation of the reconsideration's findings and decisions.
Neglecting Legal Basis: Clearly articulate the legal grounds and authority for the reconsideration to ensure the process aligns with applicable laws and arbitration rules.
Failure to Address Specific Issues: Ensure the document thoroughly addresses the specific issues or grounds for reconsideration identified in the remittance.
Ignoring Procedural Requirements: Adhere to procedural requirements outlined in arbitration rules or agreements governing the reconsideration process.
Lack of Clarity in Conclusion: Clearly state the tribunal or sole arbitrator's conclusions and any modifications made to the original award to avoid confusion.
By following these guidelines and avoiding common mistakes, a well-drafted Arbitral Award on Former Award Being Remitted to Arbitral Tribunal of Sole Arbitrator for Reconsideration ensures a clear and legally sound resolution of issues raised in the remittance process in arbitration proceedings.