Publication Type
Journal Article
Version
acceptedVersion
Publication Date
3-2025
Abstract
While the need for international arbitral awards to be supported by reasons appears self-evident, a closer analysis of relevant treaty and statutory provisions as well as tribunal practice reveals a surprising lack of consensus as to the extent to which arbitral awards should be reasoned. Through an analysis of the factors for and against reasoned awards and the reasons for the evolution towards reasoned awards in international arbitration, this article considers the practical implications of dispensing with such reasons and analyses what standard of reasoning is generally recommended in arbitral awards. It concludes with several broad principles on the recommended standard of reasoning which would enable parties to an arbitration to know the basis upon which a decision was made and allow for the decision’s review by national courts.
Discipline
Dispute Resolution and Arbitration
Publication
Arbitration International
Volume
41
Issue
1
First Page
1
Last Page
26
ISSN
0957-0411
Identifier
10.1093/arbint/aiae042
Publisher
Oxford University Press
Citation
THONG, Eugene and GUO, Yunwen Yvonne.
Reasons and reasoning in arbitral awards. (2025). Arbitration International. 41, (1), 1-26.
Available at: https://ink.library.smu.edu.sg/sol_research/4651
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1093/arbint/aiae042