ARIAS (2014)—the award
Produced in partnership with Ralph Morley of 7 King’s Bench Walk
ARIAS (2014)—the award

The following Arbitration guidance note Produced in partnership with Ralph Morley of 7 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • ARIAS (2014)—the award
  • Formal requirements
  • Governing law
  • Monetary and declaratory awards
  • Partial awards
  • Interest on the award
  • Costs and recovery of costs
  • Adjudication of fees of arbitrators
  • Errors and omissions

This Practice Note summarises the procedure for the progress of a dispute under the third edition of the ARIAS (UK) Rules which were adopted in 2014 (the ARIAS Rules). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS (UK) Rules 2014.

Formal requirements

Under ARIAS Rule 17, an award must:

  1. be in writing (ARIAS, rule 17.2)

  2. be in the primary language of the arbitration (ARIAS, rule 17.2)

  3. state the seat of the arbitration (ARIAS, rule 17.2)

  4. state the date of the award (ARIAS, rule 17.2)

  5. give reasons (unless the parties agree otherwise, or the tribunal gives a consent award at the parties’ request (ARIAS, rule 17.10))

  6. be signed by the sole arbitrator, the umpire or two of the three arbitrators (as appropriate) (ARIAS, rule 17.3)

The ARIAS rules do not lay down a time frame within which the award must be published.

Governing law

The award must determine the dispute:

  1. in accordance with the parties’ express choice of law (if they have made one)

  2. in accordance with the law the tribunal has determined is the law applicable to the dispute, or

  3. if the parties have expressly chosen, in accordance with such other considerations as are agreed by them or determined by the tribunal

The last of these governing concepts replicates section 46(1)(b) of the Arbitration Act 1996 (AA