ABSTRACT

In large international arbitrations a tribunal secretary may sometimes be appointed by the tribunal to deal with correspondence, attend deliberations and assist with drafting. In commodity cases a legal advisor is sometimes appointed to assist with drafting. These practices would be unusual in a shipping case. Deliberations may take place by correspondence and it is usual practice for one arbitrator to volunteer to draft the award and then to circulate it to the other arbitrators for comments and eventual approval. If an arbitration proceeds on documents only then the two original arbitrators will commonly not appoint a third arbitrator unless there is disagreement, thereby saving costs and time. Awards issued at interim stages of an arbitration are commonly described as “partial” awards because they are not determining all matters in dispute. The court will probably be reluctant to look beyond the award itself unless the application relates to the conduct of the arbitration.