Arbitration Award - Legal Requirements

Legal Requirements

The legal requirements relating to the making of awards vary from country to country and, in some cases, according to the terms of the arbitration agreement. Although in most countries, awards can be oral, this is relatively uncommon and they are usually delivered in writing.

By way of example, in the United Kingdom, the following are requirements under the Arbitration Act 1996 which the award must comply with, unless the parties agree to vary them under section 52 of the Act:

1. the award must be in writing and signed by all of the arbitrators assenting to the award (dissenting minority arbitrators need not sign unless the parties agree that they must);
2. the award must contain reasons;
3. the award must state the "seat" of the arbitration (the place where the arbitration took place); and
4. the award must state the date upon which it is made. This is important for the calculation of interest, and determination of time limits.

Many countries have similar requirements, but most permit the parties to vary the conditions, which reflects the fact that arbitration is a party-driven process.