Reasons For The Award: Assessing The Evidence

This article was originally given as a lecture to the Chartered Institute of Arbitrators, Thames Valley Branch, 10^th March 2005.
By His Honour Peter Bowsher Q.C., practicing arbitrator and former Judge of the Technology and Construction Court, High Court of Justice, Queens Bench Division.

Section 52 (4) of the arbitration Act, 1996 provides that:

"The award shall contain the reasons for the award unless it is an agreed award or the parties have agreed to dispense with reasons."

The parties can agree not to require reasons, but if the parties make no such agreement, the law requires reasons to be given.

It would be wise to enquire at the first Preliminary Meeting whether the parties agree to dispense with reasons.