Please enable JavaScript.
Coggle requires JavaScript to display documents.
Module 4 (1 of 3) - Award writing - The final Award - Coggle Diagram
Module 4 (1 of 3) - Award writing - The final Award
No statutory definition = pas de définition légale
It is common for FCC Arbitration to result in a
single award
. However, arbitrators can decide if appropriate to make
more than one award
. Make clear which aspects are dealing with which award.
Section 47 of the Act
Effect of an FCC Award: it shall be final, conclusive and binding
on the parties with respect to all matters which are the subject of that Award including, but not limited to,
all matters in dispute
and to all
awards of damages, interest and costs
.
A&A Rule 5.7
No Award shall be challenged
or subject to any appeal
except as provided for in these Rules and the Arbitration Act 1996
A&A Rule 5.8
A valid and final Award will creat an
ESTOPPEL
with regard to the matters with which it deals:
parties can't pursue those matters in subsequent procedures
Amendements
possible for FCC Arbitrators:
a)
to
correct clerical mistakes or errors or to clarify or remove an ambiguity
in the award
A&A Rule 5.14 and Section 57 of the Act
b)
to make an
additional award
in respect of any claim presented to the Tribunal which was not dealt with the Award
The
Court
has power to
remit matters to the Tribunal
(renvoyer l'affaire au tribunal) for reconsideration
Section 68 and 69 of the Act
Reasoned Award
Vs
Agreed Award
Settlement (agreed award)
: Many cases settle before reaching the stage of final award.
If requested by the parties and provided the Arbitrators do not object
, power to make an
agreed award
recording the terms of the settlement.
Parties to FCC arbitration may aslo invoke
A&A 2.10 (Withdrawal of Arbitration)
or
A&A 3.6 - 3.7 (Withdrawal of Appeals)
Section 51 of the Act
All FCC arbitration Awards must state the
Arbitrators' reasons
(explanation of the arbitrators' judgement)
A&A Rule 52
Section 52(4) of the Act
: Tribunal is required to give a
reasoned award
unless
it is an
agreed award or the parties have agreed
that the Tribunal's reasons need not to be given.
Thus, it would be open to the parties to agree to override
A&A Rule 52
Parties to an arbitration are
entitled to know the reasons for the Arbitrator's decision
by which they are bound.
Prerequisite for any appeal to the Court
against an Award of a Board of Appeal
Because in practice
it will only be possible to argue that there has been an error of law if the Board has explained the basis of its findings.
Reasons ordered by the Court
: The
Court may order the Tribunal to state the reasons for its award
in sufficient detail to enable the Court properly to consider a challenge to or appeal against the award.
Section 70(4) of the Act
No particular form is required for a reasoned Award
.
Check the document: "A MODEL AWARD SHOULD INCLUDE"
Decisions, orders and awards
shall be made by all or a
majority of the Tribunal
, but the view of the
Chairman shall prevail
in relation to a decision, order or award in respect of which there is neither unanimity nor a majority