Reasons and reasoning in arbitral awards

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.