Originally from Alternatives to the High Cost of Litigation

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One of the most consequential decisions for arbitrating parties is the selection of the award’s form.

Do the parties want a silent “standard” award or a reasoned award, or even that most detailed form of reasoning, findings of fact and conclusions of law? They can select an award form by their choice of arbitration rules or by direct agreement in their contract.

Parties can choose the form of their award before or during the arbitration, although some rules require them to make the decision very early in the process. Yet parties often give this key decision too little thought.