Judicial interpretations on "error of law on the face of arbitration award"

In making an arbitration award, the arbitrator must define it clearly, unambiguously Justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an arbitrator had com...

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Main Author:	Yap, Poy Yee
Format:	Thesis
Published:	2010
Subjects:	TH Building construction
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id	my-utm-ep.36255
record_format	uketd_dc
spelling	my-utm-ep.362552017-08-24T01:15:16Z Judicial interpretations on "error of law on the face of arbitration award" 2010 Yap, Poy Yee TH Building construction In making an arbitration award, the arbitrator must define it clearly, unambiguously Justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an arbitrator had committed a clear error of law on the face of an award where a court can set aside or remit the award to the arbitrator for further consideration. There is no provision in both 1952 Act and 2005 Act to limit and no clear definition as to what exactly means by "error of law on the face of award". Thus, it does not provide guidelines for the losing party to decide whether the award is error on the face of it and should they challenge the arbitral award under this ground. Normally it is for the court to decide. Hence, this research intends to determine the judicial interpretations on "error of law on the face of arbitration award". This research was carried out mainly through documentary analysis of law journals and law reports. Results show that there are four judicial interpretations for "error of law on the face of award". The first interpretation is when the award not satisfies the essential features of a valid award. Second, appears by the award that the arbitrator has proceeded illegally for instance decided using evidence which the law was not admissible or using principles of construction which the law did not countenance. Next interpretation is the error must be such that it can be found in the award, or in a document actually incorporated with it. Lastly, there is an error of law on the face of award when there is found some legal proposition which is the basis of the award and which is erroneous. It is recommended that the four judicial interpretations should be included in the Arbitration Act so that it can be the guidelines for the party who wish to challenge the award under the ground of error of law on the face of award. 2010 Thesis http://eprints.utm.my/id/eprint/36255/ masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
topic	TH Building construction
spellingShingle	TH Building construction Yap, Poy Yee Judicial interpretations on "error of law on the face of arbitration award"
description	In making an arbitration award, the arbitrator must define it clearly, unambiguously Justly and enforceability. Once the award is made and published, is a final and binding document and enforceable as a judgment of the High Court. However, the award can still be challenged when an arbitrator had committed a clear error of law on the face of an award where a court can set aside or remit the award to the arbitrator for further consideration. There is no provision in both 1952 Act and 2005 Act to limit and no clear definition as to what exactly means by "error of law on the face of award". Thus, it does not provide guidelines for the losing party to decide whether the award is error on the face of it and should they challenge the arbitral award under this ground. Normally it is for the court to decide. Hence, this research intends to determine the judicial interpretations on "error of law on the face of arbitration award". This research was carried out mainly through documentary analysis of law journals and law reports. Results show that there are four judicial interpretations for "error of law on the face of award". The first interpretation is when the award not satisfies the essential features of a valid award. Second, appears by the award that the arbitrator has proceeded illegally for instance decided using evidence which the law was not admissible or using principles of construction which the law did not countenance. Next interpretation is the error must be such that it can be found in the award, or in a document actually incorporated with it. Lastly, there is an error of law on the face of award when there is found some legal proposition which is the basis of the award and which is erroneous. It is recommended that the four judicial interpretations should be included in the Arbitration Act so that it can be the guidelines for the party who wish to challenge the award under the ground of error of law on the face of award.
format	Thesis
qualification_level	Master's degree
author	Yap, Poy Yee
author_facet	Yap, Poy Yee
author_sort	Yap, Poy Yee
title	Judicial interpretations on "error of law on the face of arbitration award"
title_short	Judicial interpretations on "error of law on the face of arbitration award"
title_full	Judicial interpretations on "error of law on the face of arbitration award"
title_fullStr	Judicial interpretations on "error of law on the face of arbitration award"
title_full_unstemmed	Judicial interpretations on "error of law on the face of arbitration award"
title_sort	judicial interpretations on "error of law on the face of arbitration award"
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2010
_version_	1747816417185497088

Judicial interpretations on "error of law on the face of arbitration award"

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