The Firm's Partner, Ms. Dawn Wong, shared her views on the sufficiency of reasoning in arbitration awards from a common law perspective at the 9th ICC Institute AustralAsian Chapter Connect held in Jakarta on 3rd September 2024.

Dawn was privileged to share the floor with Mr. Minn Naing Oo, Managing Director at Allen & Gledhill (Myanmar) and Mr. Victor Tanojo, Partner at Hendra Soenardi.

Key takeaways were as follows:

• all pleaded issues must be considered by the tribunal, and the tribunal needs to state the how and the why – to identify and explain what was accepted and why, and what was rejected and why
• all key and material issues must be considered by the tribunal and the tribunal must provide reasoning as to why certain claims are dismissed
• in determining what is a key and material issue, the tribunal ought to consider whether the issues that were overlooked were of such importance that, had they been dealt with, the whole balance of the award would have been altered and its effect would have been different
• the tribunal cannot decide to omit an issue that it has been asked to consider and the tribunal’s thought process leading to its conclusion must be laid out

The Firm extends its gratitude to Mr. Nahendran Navaratnam for the opportunity.

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