Originally from Alternatives to the High Cost of Litigation

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The form of award in an arbitration proceeding typically is dictated by the agreement of the parties or the rules of the arbitration provider.

The consequences of an arbitrator’s failure to render an award that complies with the form of award required by the parties or applicable rules vary.

For example, an arbitrator’s failure to issue an award in the form required by the parties may cause the award to be subject to vacatur. In Western Employers Insurance Co. v. Jefferies & Co., 958 F.2d 258 (9th Cir. 1992), the Ninth U.S. Circuit Court of Appeals held that the arbitrators exceeded their powers in refusing to provide findings of fact and conclusions of law as requested by the parties, and vacated the award.