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Guideline for Drafting Various Recitals of Remission of Arbitral Award:
This document is employed in arbitration proceedings when the parties involved seek remission, or the referral back, of the arbitral award to the arbitrator for reconsideration or clarification. Here's a concise guide for drafting this document:
Title and Identification: Clearly title the document as "Various Recitals of Remission of Arbitral Award." Include the names of the parties, case reference, and details of the arbitration.
Background and Reference: Provide a brief overview of the arbitration proceedings, specifying the grounds and reasons for seeking remission.
Legal Framework: Establish the legal framework governing the arbitration process, referencing applicable arbitration rules and laws supporting the remission request.
Specific Recitals: Include distinct recitals addressing each aspect of the remission request, such as ambiguity in the award, newly discovered evidence, or procedural irregularities.
Request for Remission: Clearly state the parties' formal request for remission, outlining the specific issues to be reconsidered or clarified by the arbitrator.
Common Mistakes to Avoid:
Vague Grounds for Remission: Clearly articulate the reasons for seeking remission, avoiding vague or generic statements that may weaken the request.
Failure to Reference Legal Framework: Explicitly cite the arbitration rules and legal provisions allowing for remission to strengthen the request's legal basis.
Ambiguous Recitals: Ensure each recital is clear, precise, and directly related to the specific aspect of the award under reconsideration.
Neglecting Communication: Maintain open communication between the parties and the arbitrator to address any procedural issues promptly and prevent misunderstandings.
Incomplete Request for Remission: Clearly outline the specific issues or aspects of the award requiring reconsideration to guide the arbitrator effectively.
By adhering to these guidelines and avoiding common mistakes, a well-drafted document on Various Recitals of Remission of Arbitral Award provides a structured and legally sound approach to addressing issues in arbitration awards, often used in commercial and international arbitration contexts.