Drafting an arbitral award involves telling the story of an unsettled dispute whose resolution must be determined. It requires great skill to tell that story in such a way that a reader may both understand the dispute and be left with the feeling that there could be no result more just than that which has been provided.
Moreover, drafting an arbitral award involves the added complication of telling a story not only from the unilateral perspective of the drafter, but also with the perspectives of two others— the disputing parties—each of whom must be felt heard in order to ensure that the views contained in the award are accepted by all.
This essay provides certain guidelines and recommendations for how to listen to those ‘silent’ narrators and how to convert the input received from the parties into an engaging narrative whose conclusion leaves the reader confident that the proper outcome was decided and that justice was done.
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