WHAT KIND OF AN AWARD

WHAT KIND OF AN AWARD

COMMENT OF THE DAY #45 ARBITRATION In post No 45 I focused on the different titles given to arbitrators’ awards and considered an award on a preliminary issue. It is not a preliminary award – the award is final but it is on one aspect of the dispute...
Can You Teach Discretion?

Can You Teach Discretion?

An interesting contradiction exists between the exercise of discretion on the one hand AND the need for Tribunal consistency on the other hand. Discretion means you are free to make up your own mind. There are constraints. You need to be fair + reasonable + objective...