Question 2
The decision of an arbitrator is called an award. Generally parties wants the award to be final, they also wants decision which is impartial and binding upon the parties. Generally they want quick method of an award. In other words final decisions of an arbitrator is called an award. It consists of issues of the case or matter mentioned by Parties. Arbitrator also gives some decisions and directions which do not become the part of an award. Orders are made by courts while award is made by an arbitrator. Usually award is binding but it can be reviewable by parties. If one party does not accept the decisions it is with the will of arbitrator that they can go to tribunal. If one party does not accept the decisions it is with the will of arbitrator that can go to tribunal. There are many grey areas in the decisions of the arbitrator or an award as it is not in the order made by tribunal. Though award is binding but parties preserve the right to challenge the award made by arbitrator. Final award is generally used to refer the award by tribunal which is sometime challenges by the losing party. Issuance of award terminates the duty of tribunal which becomes binding. Before going to arbitrator parrties makes a contract and mentions their conditions in the contract. That contract is signed by parties with the conditions given by both parties A and B. There are some types of an award which is interim and final award. Interim award is issuance of the decisions by arbitrator before giving the final decisions which does not clarify the final subject of award. There is another types of an award which is consent award. It is the types of an interim award, which arbitrator giving consent for final decisions. There are formalities of an award which is given below.
In Writing:
An award must be in written form, and its writing must be formal giving date and place in the award.
Communication
Communication of an award must be clear. It should be understandable by both parties. Communication should be understandable by both parties.
Time Limits
There may be time limit which shall be given in it. It should also be valid. Arbitrator should decide the matter within time.
Methods of setting an award aside
A party that has lost before an arbitral tribunal that wish to set aside and vacate an award. Sometime tribunal overturns an arbitral awards. Awards can not be challenged but on misconduct of an arbitrator.
Methods of Challenge
Party on seting aside an award or vacating or annuling an award can not set aside an award but with procedural award. The decision of arbitrator will be final. Bit if it is rejected by parties it can be challenged which are procedural.
Jurisdictional challenges
Jurisdictional challenges may be made to an award, rather after the award is rendered. if a party does not challenge a jurisdiction at the begening of arbitrator.
Procedural challenges
Award is challenged on procedural grounds. Most arbitration laws provide the certain standard of due process.
Weather the subject matter is arbitrable and weather the award conflicts between public policy or state.
Question 3
State owns entities that are generally immune from suits. If a state entity is engaged in commercial and if it enters into an arbitration agreements normally it will be considered to be waived. There are two types of treaties. They are bilateral and multilateral treaties. Bilateral treaties are those treaties which are consisting in parties A parties B. Where multilateral treaties are those treaties which are consisting between multiple parties. Accoding to ICSID resulting award is not appealble and laws are not applicable. According to this there is no compensation on parties.
There is also a criteria of an award. If one member or party set aside or vacate an award. It can be reviewed by an ad hoc commitees of three. If it is annuled it can be challenged again, by another tribunal. So there are two possibilities of setting aside an award. First it is vacated by ICSID. It can be heard by tribunal and it can be heard by another tribunal. When party is not satisfied with decisions makes by appointing authority. Either party may request to hearing an award. ICSID is an important source of hearing an award in arbitration.
So it is one kind of arbitration. Ofcourse there are a lot of types of arbitration like ICSID and others. Biut others like ICSID does not give opportunities of give an award. In ICSID resulting award is not appealable, but in like mediation it is appealble in national laws.
Question 4
IBA rules of ethics for arbitrator were adopted in 1987. Before this there were no rules and regulations having guideline.
IBA has two documents which are overlapping. It satates rules which are still in effect. It covers more topics than the guidelines. IBA has also deleted some rules and have built some new rules as given in the guidelines. Those rules are widely applicable in treaties like arbitration. One rule is that IBA guideline is not that can consists of arbitration decisions. But there are also many rules that can guide and consists of arbitration clauses. This guideline should not conssits the arbitration clause . There is another rules that these guidelines are imperfect they can not address every factual situation. As an arbitrator precautionery disclosure to sabotage an arbitration. Over disclosure may open the door of arbitrator challenges. The major difference between IBA guidelines also contains professional and personal ethics which might be reasonably effect impartialiaty or lack of independence, In the eyes of any of the parties. Under IBA guidelines an arbitrator can not disclosed about him.
Duty to investigate
Under IBA rules when an arbitrators has not investigated conflicts of intersests arbitrator has reason to believe that conflict must be investigated.
Question 1
Pre-hearing conference was the best conference. It provided the best opportunities and opened the door for success. It should not required to be disclosed. It does not consists of professions or personal relations. It consists of impartiality or lack of indepence. It covered a Lot of subjects in favor of audience. it provided audience alot of information which was about different subjects like media etc. It covered topic like independence and lack of indepence of media. The mainatianability was an important subjects. It was different in numbers of areas. which was part of discuussion. This was for the audience and it provided opportunities for audience.
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