e. The Drafting of the Award
The president should indicate to the coarbitrators how the award will be drafted…
The award is to reflect the tribunal’s decision and not just the president’s.…
The president may propose that work should be subdivided among arbitrators, which…
Whether presidents in fact receive the cooperation and assistance that their coarbitrators…
When dissent is compounded by a difficult relationship among the arbitrators and…
A tribunal may also be on the verge of being dysfunctional because the decision,…
Delegation of various kinds is widespread in practice…
I am reluctant to accept that delegation of drafting may be admissible…
Moreover, certain safeguards should be in place to ensure that delegation covers…
Firstly, delegation must be practically possible in light of the features of the…
Secondly, even assuming that an assistant could be tasked with the preparation of…
Thirdly, a conditio sine qua non is that the secretary should have taken part in the hearings. Absent these requirements, the subsequent examination of the draft award purportedly…
One disadvantage of the general resort to assistants for drafting purposes lies in…
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