17.4 The Award

Meaning: the arbitral tribunal's final, binding decision on the referred dispute — the arbitration's product and the enforcement's instrument. Elements of a valid award (the list): In writing, signed by the arbitrator(s); Reasoned (the reasoning's discipline — the reasoned decision the natural-justice and the review's base); Within the submission's scope (the jurisdiction's limits — the matters referred; the excess a setting-aside ground); Within the timeline (the statutory-or-agreed period — the award's tardiness a nullity-or- extension problem); Dated and delivered to the parties (the award's communicative act); The majority's decision where a panel (the dissent noted); On the disputes the parties actually submitted (the res of the reference). Setting aside (the narrow grounds — the award's challenge): (i) the arbitrator's or the procedure's fatal defect (the invalid agreement; the appointment's breach); (ii) the absence of notice or hearing (the natural-justice violations — the party not heard); (iii) the jurisdiction's excess (matters beyond the submission); (iv) the procedural misconduct going to integrity; (v) the public-policy conflict (the fraud-and-corruption bars; the illegal award) — the court's review narrow, not appellate: the merits' re-hearing refused. Execution/enforcement: the award's decree-like force — the execution through the court's execution machinery as a decree (the filing and the execution's application); the foreign awards' separate discipline (the New York Convention 1958's frame — Nepal a party: the recognition-…