Awards - Chapter 10 - The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition
Thomas J. Brewer, Esq., Independent Arbitrator and Mediator, Seattle, Washington
Jay W. Elston, Esq., Independent Arbitrator, Houston, Texas
James M. Gaitis is the former Director of the International Dispute Resolution and Management Programme at the Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee, Scotland, where he continues to serve as a member of the Global Faculty.
Richard A. Levie (Ret.), JAMS, Washington, DC
Michael S. Wilk, Esq., Partner, Hirsh & Westheimer, Houston, Texas
Arbitrators’ goals are to issue awards that are (1) clear, (2) supported by the evidence and substantive law, (3) appropriate to the circumstances of the particular case, and (4) consistent with applicable law and rules relating to timeliness, finality, and the scope of the arbitrators’ authority.
Due in part to varying state and federal legislative enactments and judicial decisions, there is no uniform agreement on the meaning and preferred usage of many arbitration terms and phrases. Thus, even though the ultimate objective in arbitration is the issuance of a final award, the word award is actually used by arbitrators in a variety of ways. Generally, three distinct types of awards are issued by arbitrators in domestic arbitrations: (1) final awards that conclusively resolve all issues; (2) partial final awards that finally determine some, but not all, issues involved in a proceeding; and (3) interim awards that tentatively or preliminarily determine some, but not all, issues involved in a proceeding.