1-2 of 2 Results

  • Keyword: arbitral awards x
Clear all

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

30. Arbitration Awards and Orders  

This chapter assesses four different types of awards and orders that are available to arbitrators. Procedural orders provide procedural directions and measures designed to preserve evidence or the subject-matter of the dispute (conservatory measures) while an arbitration is proceeding. Meanwhile, interim awards and awards on different issues dispose of one or more of the substantive issues in the arbitration, leaving the other issues to be decided later. Final awards dispose of the arbitration, while costs awards provide for the payment of the costs incurred in the arbitration between the parties. Usually, once an order or award is made, it is binding on the parties. Most sets of institutional arbitral rules include provision for parties making suggestions for the correction of clerical mistakes in orders and awards. Lawyers also need to advise their clients on the meaning and effect of the tribunal's decision, and where there is further work to be done, to take the client's instructions on the next steps.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

31. High Court Jurisdiction in Arbitration Claims  

This chapter addresses High Court jurisdiction in arbitration claims. Intervention by the courts in arbitrations is restricted to those situations allowed by the Arbitration Act 1996. These include situations where the judicial system can offer support to the arbitral process to make it effective and to correct obvious injustices. Applications in support of the arbitral process include applications relating to the appointment of arbitrators and procedural orders to secure evidence for use in arbitrations. Ultimately, judicial review of arbitral awards is strictly restricted. The main provisions deal with serious irregularities and appeals on points of law. Appeals to the Court of Appeal are (with minor exceptions) only available with the permission of the High Court judge.