Get Arbitration Award

The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.

While winning an arbitration award may not immediately end the dispute, particularly where the unsuccessful party refuses to voluntarily comply with the award or seeks to vacate, modify or correct the award, streamlined rules are in place to enforce awards in federal and state courts.

Sometime after arbitration, the arbitrator will decide who won. This decision must be in writing. The decision is final and binding so the parties are expected to obey the arbitrator's decision. If they don't, they can be sued.

For an arbitral award to be valid it must contain the following essential elements: The award shall be in writing. The award shall be signed by all the members of the arbitral tribunal. The award shall state the reasoning on which it is based. Date and place of arbitration should be mentioned on the award.

As per section 143(1) of the LRA: “An arbitration award issued by a Commissioner is final and binding, and it may be enforced as if it were an order of the Labour Court in respect of which a writ has been issued.”

The decision is final and binding so the parties are expected to obey the arbitrator's decision. If they don't, they can be sued. In very limited cases, a party that is unhappy with the decision may “appeal” the decision to a court, but an arbitrator's decision is quite difficult to overturn.

The length of time that this process takes will vary depending upon the circumstances, but it usually lasts a few days or a few weeks. The arbitrator then makes a legally binding decision that the parties must abide by unless they appeal. If there is an appeal, it could prolong the arbitration process longer.

Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable. Other costs of arbitration may include hearing room rental fees, abeyance fees, and the costs a party will need to spend to prepare and present their case in arbitration.