3. Form and content of arbitral awards
The formal requirements for an arbitral award are set out in section 67 of the Arbitration Ordinance (Cap. 609). These requirements are mandatory and should be carefully observed.
An award must be in writing. It must also be signed by the arbitrator. If there is more than one arbitrator, the award must be signed by a majority of the tribunal members, provided that the reason for any omitted signature is stated.
The award must give reasons for the tribunal’s decision unless the parties have agreed that reasons are not required, or unless the award is an award on agreed terms. Under Hong Kong law, reasons do not need to be as elaborate as a court judgment. It is sufficient if they enable the parties to understand “how and why” a conclusion was reached on material findings.
The award must also state its date and the seat of arbitration. The award is deemed to have been made at the seat stated in it.
After the award is made, a signed copy must be delivered to each party. However, this delivery obligation is strictly subject to section 77, which entitles the tribunal to refuse to deliver the award until its fees and expenses have been paid in full.
In practice, publication of the award occurs when the tribunal informs the parties that the award is ready for collection.
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