This paper analyzes the content and form of reward.
The content of the award refers to the written statement of the decision made on the procedural and substantive matters of the arbitration case. The result of the arbitral tribunal's exercise of its ruling power is an arbitral award. The formal requirements of arbitral awards are the same as those of arbitration legislation and arbitration rules in various countries, that is, arbitral awards should be embodied in written form. On this basis, some countries especially require that arbitral awards must be made in the form of notarial certificates, such as the laws of Spain and Portugal, and the laws of some American States also require that arbitral awards must be notarized. The rule of written form of arbitral award excludes the possibility that the arbitral tribunal can exercise the right of arbitral award orally.
The above provisions only stipulate the main contents of the arbitration award. As a complete arbitration award, it should also specify the name and address of the arbitration institution, the award number, the basic information of both parties, the agent, the composition of the arbitration tribunal, the name of the arbitrator, the trial process, etc.
The arbitration book is signed by the arbitrator and stamped with the seal of the labor dispute arbitration commission, which means that although the arbitration tribunal is the specific arbiter of the case, the award cannot be made in the name of the arbitration tribunal, but in the name of the labor dispute arbitration commission. This is like a court verdict, whether it comes from a civil court, a criminal court or an administrative court, it is made in the name of the court with the seal of the court. The arbitrator who disagrees with the award may or may not sign. This is because although the arbitration tribunal is a unified collective, each arbitrator has his own independent arbitration personality. Sign or not, in fact, it is the arbitrator. Do you have different opinions? Keep in line with the outside world? With what? Maintain your independent arbitration personality? The result of either choice. However, it should be noted that once the arbitrator has not signed, the arbitration tribunal should make an appropriate explanation on this situation in the arbitration book to prove that the arbitrator participated in the hearing.
On the making of labor dispute arbitration award. Labor dispute arbitration awards generally consist of a header, a text and a footer.
1. Title. The first part is the first part of the arbitration book, which should be written as follows: (1) The full name and document name of the labor dispute arbitration committee that made the award, namely? Labor dispute arbitration award? . (2) The year number and serial number of the arbitration letter. (3) Names and addresses of both parties. If the party is a legal person, the full name of the legal person, the name and position of the legal representative shall be stated. If an agent is entrusted to conduct arbitration activities, it shall also specify the name, occupation and other relevant information of the entrusted agent.
2. Text. The text is the core part of the award, and it should state: (1) arbitration request, that is, the problems to be solved and the purpose to be achieved by the applicant requesting the labor dispute arbitration committee to pass arbitration. (2) the facts of the dispute, that is, the process of the dispute, the focus of the dispute between the two sides and their respective opinions. (3) Reasons for arbitration, that is, the facts on which the arbitral tribunal made its award and the applicable laws. There are different provisions in arbitration legislation in different countries as to whether the award needs to be accompanied by reasons. Some people think that the award should be simple and final, and there is no need to explain the reasons for the decision. However, most countries' legislatures and judiciaries oppose this idea. They believe that the parties should not only have the right to know the award made by the arbitral tribunal, but also have the right to know how the award was made. (4) The result of the award, that is, the decision made by the arbitration book on the dispute between the parties and the commitment of rights and obligations on the basis of finding out the facts, distinguishing right from wrong and determining the responsibilities.
3. Tail. The conclusion is the final part of the award and should be signed by the arbitrator. The arbitrator who disagrees with the award may or may not sign it, and affix the seal of the Labor Dispute Arbitration Committee to indicate the date of the award.