Reasoned Awards: How Extensive Must the Reasoning Be?

Abstract

A recent Australian decision has dealt with the issue of what level of detail is required to be given by the arbitrator in circumstances where the tribunal is required to give reasons for the award in writing. This and antecedent case law in several common law jurisdictions dealing with this issue, will be examined. Two preliminary matters will be dealt with: (1) when is an award required to be reasoned; and (2) why must reasons be given?

Keywords: Arbitration, commercial arbitration, awards, reasons for award, reasoning, how extensive must reasons be