Badly Written Arbitration Awards Are a Legal Disaster: Here’s How to Prevent It
An arbitration award is supposed to bring finality to a dispute. It should provide clarity, reasoning, and a legally sound resolution. But what happens when the award itself is poorly written, unclear, or lacks proper justification? Instead of resolving a case, it creates confusion, frustration, and perhaps even legal grounds for challenge.
Badly drafted arbitration awards are more common than they should be, and poorly written awards undermine the credibility of arbitration as a process. Some arbitrators meet their deadlines but deliver awards that are filled with copy-pasted party submissions, vague conclusions, or missing reasoning altogether. The result? Disappointed parties, potential legal disputes, and a serious credibility issue for arbitration as a process.
If arbitration is meant to be an efficient alternative to litigation, then an unclear or poorly structured award defeats the purpose entirely. Let’s talk about why bad arbitration awards happen and how to make sure they don’t.
What an Arbitrator Is Supposed to Do
An arbitrator is not just a decision-maker; they are also the author of a legally binding document. Their job is to assess evidence, apply legal principles, and issue a clear, well-reasoned arbitral award that resolves the dispute.
A good arbitrator does more than just choose a winner. They explain why and outline the legal basis for the decision, ensuring that the parties understand how and why the outcome was reached. This is not just a formality; it is essential for maintaining trust in the arbitration process.
What Makes an Arbitration Award Bad?
A bad arbitration award doesn’t necessarily mean the wrong party won. This means that the award fails to meet fundamental legal and procedural standards. Some of the most common issues include:
1. Excessive Copy-Pasting
Some awards are bloated with long excerpts from party submissions without any real analysis. A 200-page document may look thorough, but if half of it is unfiltered party arguments, it’s not a decision; it’s a compilation.
2. Lack of Reasoning
An arbitrator cannot simply declare a winner. They must explain their decision based on facts, evidence, and legal principles. A failure to do this can be a valid ground for setting aside the award.
3. Poor Structure and Clarity
Awards that are disorganised, vague, or written in unnecessarily complex language can make it difficult for parties (and even courts) to understand the arbitrator’s logic.
4. Errors and Inconsistencies
Conflicting statements, incorrect references to evidence, or contradictions within the award undermine its credibility and enforceability.
A bad award affects the parties involved and damages arbitration’s reputation as an efficient, reliable method of dispute resolution.
Why a Poorly Written Award Can Be a Legal Disaster
An arbitration award is meant to be final and enforceable, but poor drafting can lead to legal challenges. If an award lacks proper reasoning, structure, or legal justification, the losing party may challenge it in court, arguing that:
- The arbitrator exceeded their powers by failing to address the dispute properly.
- There was a lack of due process because key arguments were ignored or not properly analysed.
- The award is unclear or inconsistent, making it impossible to enforce.
Such poor drafting defeats the entire purpose of arbitration. Instead of resolving the dispute, the case ends up in litigation anyway, delaying the process, increasing costs, and eroding confidence in arbitration.
How to Ensure Arbitration Awards Are Well-Written and Legally Sound
A well-drafted arbitration award follows a logical structure, provides clear reasoning, and ensures enforceability. Here’s what makes a good award stand out:
1. A Clear, Structured Approach
A logical flow ensures that the award is easy to read and understand. It includes a concise summary of the case, an analysis of the arguments, and a well-supported conclusion.
2. Detailed Legal Reasoning
Every conclusion reached should be supported by facts, legal principles, and relevant case law. The reasoning should leave no doubt as to why the arbitrator made their decision.
3. Concise Yet Comprehensive Language
An award should be precise, not unnecessarily long-winded. It should also be legally sound and accessible to all parties involved.
4. Professional Editing and Review
Even the most experienced arbitrators benefit from expert legal editing to ensure clarity, consistency, and legal accuracy.
Many arbitrators are skilled legal professionals, but writing a well-structured, enforceable award requires a different skill set. That’s where expert legal editors and content specialists come in.
You Can Ask for Professional Arbitration Award Editing
Even the most well-intentioned arbitrators can fall into the trap of unclear writing, excessive legal jargon, or disorganised arguments. That’s why courts, arbitration institutions, and legal firms increasingly turn to expert editors and content specialists to refine arbitration awards before they are issued.
Elite Asia, a leader in legal translation, transcription, and content editing, works with arbitrators, law firms, and courts to ensure arbitration awards meet the highest standards of clarity, reasoning, and enforceability.
With a team of experienced legal content specialists, Elite Asia provides:
- Editing and Refinement: We ensure arbitration awards are structured, well-reasoned, and free from inconsistencies.
- Clarity Enhancement: Making complex legal language more accessible while maintaining legal precision.
- Consistency Checks: Eliminating contradictions and making sure that arguments flow logically from evidence to conclusion.
A well-crafted arbitration award protects the integrity of the arbitration process, reduces legal risks, and enhances enforceability.
If Arbitration Is to Remain Effective, Writing Must Improve
Arbitration is supposed to be faster than litigation, but a poorly written award defeats the point. The solution isn’t just training arbitrators to write better; it’s ensuring that they have access to expert editorial support to refine their awards before they are issued.
A clear, well-structured arbitration award benefits everyone involved: the parties, the legal system, and the arbitration industry as a whole. If arbitration is to remain a trusted method of dispute resolution, then its written decisions must meet the highest standards of legal clarity and reasoning.
If you’re an arbitrator, law firm, or court looking to ensure award quality, Elite Asia’s legal content experts can help. In arbitration, a well-written award isn’t just a document; it’s the foundation of justice.
For any enquiries or quotations pertaining to Multilingual Legal Solutions, get in touch with our Legal solutions department who can provide you with a quote.
