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GUIDELINE

Guideline for Drafting an Award (Made on Reference by Court):

Usage:
An Award (Made on Reference by Court) is a legal document used in situations where a court refers a matter to arbitration, and the arbitrator(s) issue a final decision or resolution. It outlines the arbitrator's findings, decisions, and any remedies or awards granted to the parties involved. Here's a brief guideline:

Header: Begin with the court's name, case number, and a title indicating it's an arbitral award.

Introduction: Provide an introductory statement describing the background of the arbitration, the parties involved, and the reference by the court.

Factual Findings: Present a clear and concise summary of the facts and issues in dispute, including the evidence and arguments presented.

Legal Analysis: Explain the legal principles applied in reaching the decision, citing relevant laws, contracts, or precedents.

Decision and Awards: Clearly state the arbitrator's decision, specifying any remedies, damages, or awards granted to each party.

Costs and Fees: Address the allocation of costs and fees associated with the arbitration, if applicable.

Signature: The arbitrator(s) should sign the award, indicating their acceptance and approval.

Common Mistakes to Avoid:

Lack of Clarity: Ensure the award is clear, concise, and logically structured to avoid misinterpretation.
Failure to Address All Issues: Address all issues referred to arbitration, providing reasoned decisions for each.
Overstepping Authority: Arbitrators must stay within the scope of their authority as defined by the court or the arbitration agreement.
Neglecting Legal Review: Seek legal review to ensure compliance with arbitration laws, procedures, and jurisdiction-specific requirements.
Ignoring Time Limits: Adhere to any time limits set by the court or agreed upon by the parties for issuing the award.
Drafting an Award (Made on Reference by Court) is a crucial step in the arbitration process to provide a fair, legally sound, and enforceable resolution to disputes. Legal consultation may be necessary to ensure proper documentation and adherence to relevant laws and regulations.

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