AWARD WRITING THE FINAL AWARD
Module 4 (Part 1)
LINK
(Reminder) Click on pins for extra information
No Statutory Definition
There is no statutory definition of an award despite the important consequences which flow from an award being made. In principle an award is a final determination of a particular issue or claim (or of all the issues and claims) in the arbitration. Section 47 of the Act: It is common for an FCC Arbitration to result in a single award, dealing with all aspects of the arbitration. However, the Arbitrators may, if they consider it appropriate, make more than one award, dealing with different aspects, in which case the awards must make it clear which aspects they are dealing with.
Page 2/4
Effect of an FCC Award - Finality
Arbitration and Appeal Rules ("A&A") 5.7 and 5.8 provide: "5.7. An FCC Arbitration Award (subject to the rights of appeal herein mentioned) 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." "5.8. No Award shall be challenged or subject to any appeal except as provided for in these Rules and the Arbitration Act 1996."
Page 3/4
Final Award
Once an FCC Tribunal has made a final award, it is "functus officio" as regards the matters which are the subject of the award. This means that its jurisdiction over those matters has come to an end, subject to the exceptions below: FCC Arbitrators have power under A&A Rule 5.14 and Section 57 of the Act:
(a) to correct clerical mistakes or errors or to clarify or remove an ambiguity in the award; and (b) to make an additional award in respect of any claim presented to the Tribunal which was not dealt with in the award. The Court has power to remit matters to the Tribunal under Sections 68 and 69 of the Act.
Page 4/4
Module 4 (Part 1)- The Final Award - Part 1
FCC
Created on July 26, 2020
Start designing with a free template
Discover more than 1500 professional designs like these:
Explore all templates
Transcript
AWARD WRITING THE FINAL AWARD
Module 4 (Part 1)
LINK
(Reminder) Click on pins for extra information
No Statutory Definition
There is no statutory definition of an award despite the important consequences which flow from an award being made. In principle an award is a final determination of a particular issue or claim (or of all the issues and claims) in the arbitration. Section 47 of the Act: It is common for an FCC Arbitration to result in a single award, dealing with all aspects of the arbitration. However, the Arbitrators may, if they consider it appropriate, make more than one award, dealing with different aspects, in which case the awards must make it clear which aspects they are dealing with.
Page 2/4
Effect of an FCC Award - Finality
Arbitration and Appeal Rules ("A&A") 5.7 and 5.8 provide: "5.7. An FCC Arbitration Award (subject to the rights of appeal herein mentioned) 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." "5.8. No Award shall be challenged or subject to any appeal except as provided for in these Rules and the Arbitration Act 1996."
Page 3/4
Final Award
Once an FCC Tribunal has made a final award, it is "functus officio" as regards the matters which are the subject of the award. This means that its jurisdiction over those matters has come to an end, subject to the exceptions below: FCC Arbitrators have power under A&A Rule 5.14 and Section 57 of the Act: (a) to correct clerical mistakes or errors or to clarify or remove an ambiguity in the award; and (b) to make an additional award in respect of any claim presented to the Tribunal which was not dealt with in the award. The Court has power to remit matters to the Tribunal under Sections 68 and 69 of the Act.
Page 4/4