Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
What procedural and substantive requirements must be met by an award?

Answer ... The arbitrators should decide the dispute in accordance with:

  • the law applicable to the substance of the dispute; and
  • other considerations agreed between the parties or determined by the tribunal (Section 46).

The parties may agree on the form of the award. If there is no agreement, the award shall:

  • be in writing;
  • be signed by all arbitrators or all those assenting to the award;
  • contain the reasons for the award, unless it is an agreed award or the parties have agreed to dispense with reasons; and
  • state the seat of the arbitration and the date on which the award was made (Section 52).

Parties can agree on the way in which an award should be notified. If not, an award is notified by serving the parties with a copy of the award “without delay after the award is made” (Section 55).

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills
Must the award be produced within a certain timeframe?

Answer ... An arbitration agreement may specify the timeframe within which the award should be made. Unless otherwise agreed by the parties, the court may, by order, extend that time upon application by the tribunal or by any party to the arbitral proceedings. The court shall make such an order only where any available arbitral process has been exhausted and where it is satisfied that substantial injustice would otherwise be done (Section 50).

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills
International Arbitration