1 your client asks you to explain if an arbitrator can issue more than

1. Your client asks you to explain if an arbitrator can issue more than one type of award and
if so what they are used for.
Advise your client with references to the Act. [15 marks]
(a) Having explained the different types and use of awards issued by the arbitrator, your client now asks you to explain to him the essential contents of an award in order that it is valid. [10 marks]
(b) Advise your client with references to the Act so that your client can fully understand the document he is ultimately going to receive. [10 marks]
2. Having given the advice above to your client, he now wants to know what the parties to the arbitration can do if the award needs to be enforced or challenged.
Advise your client with references to the Act, so your client fully appreciates the procedure available to him and the other party. [25 marks]
3. You have been appointed as an arbitrator in an unrelated matter to the one considered in the questions above and you see that the advocates have not prepared the claim or defence with particular skill. As a consequence, you become concerned whether or not you have jurisdiction under the arbitration agreement to consider all the matters and that their approach may unnecessarily increase the costs of the arbitration. You decide you need to identify the issues in dispute.
Explain how you would go about that process and whether it would be helpful to the running of the arbitration. [5 marks]
4. You have formulated your list of issues and advised the parties who have made subsequent submissions to you.
Explain how you would determine your findings against each issue in your award.
[20 marks]
5. You have concluded the hearing and are embarking on drafting your award. Running through the closing submissions you note that a party has made an assertion which remained unchallenged, but it appears to you that it is an error of law.
Explain the process you will adopt in this circumstance and how your actions may be permissible under the Act, citing appropriate references.

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