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Introductions
1. In the process of making an awards, (either its an interim, provisional, or
Final Awards) The Tribunals need to consider the readers of the awards. To whom the
awards addressed into. First and foremost, the award is intended to be read by the
parties. Both the winning and the losing parties should be the main consideration for
the tribunals in making an award especially for the losing party. The losing party
requires that the dispute is already settles in an impartial way and to make sure that
their position sudah sangat dipertimbangkan by an impartial decision maker. The
most important thing for the winning party is that the award clear and enforceable. The
second one is the Enforcement Authorities.
2. The tribunal has to make sure that the award is enforceable in the winner
party national court. It is the essence of an award. The award is worthless if it cannot
be enforced.
3. In this presentation, I will give you several tips in award writing and the
concept of scrutiny in SIAC Arbitration rules. I hope that this tips will be able to help
fellow arbitrators or young arbitrator to improve their award writing skills.
II. Award Writing Tips
a) Use plain, simple, and effective language
This will helps to make an award clear and easier to understand by the
readers. Try to use plain and simple language in the reasoning and amar of
the awards. Avoid using technical or legal termination to makes it easier for
the reader to understand the content especially for the Losing party. Try to be
constant in the usage of a termination. If you use termination x then you have
to use it for the rest of the award.
c) Concise and dense award are recommended ( Try to avoid long and
complex award )