Key Takeaways

  • In law, an award is the decision, judgment, or remedy granted by a judge, jury, or arbitrator.
  • Awards can be monetary (damages, alimony, restitution) or non-monetary (custody rights, property, injunctions).
  • For validity, an award must be consonant with the submission, certain, possible, lawful, reasonable, and final.
  • Arbitration awards are legally binding and enforceable, similar to court judgments.
  • Awards may involve compensation, specific performance, or declaratory relief, depending on the nature of the dispute.

AWARD

The amount and/or form of a judgment a judge or jury gives the successful party in a lawsuit. It is often, but not always, an amount of money.

Example: In a divorce case, one party might be awarded the divorce, $300 per month in alimony, custody of the children, $600 per month in child support and the family home. The other party might be awarded the family business.

The written determination of the court or an arbitrator or arbitrators on a matter submitted to him or them

arbitrium est judicium. The writing which contains such judgment is also called an award.

Types of Awards in Law

An award in law can take several forms, depending on the nature of the dispute and the authority granting the decision:

  • Monetary awards – Compensation in the form of damages, restitution, or ongoing payments (e.g., alimony, child support).
  • Property awards – Transfer of real estate, business ownership, or personal property rights.
  • Custody and family law awards – Decisions on child custody, visitation rights, and family responsibilities.
  • Injunctive or equitable awards – Court-ordered actions such as specific performance, prohibitions against certain conduct, or reinstatement of employment.

These variations show that awards are not limited to money but may include any legally recognized remedy.

Award Qualifications

The qualifications requisite to the validity of an award are: that it be consonant to the submission; that it be certain; be of things possible to be performed, and not contrary to law or reason; and lastly, that it be final.

Arbitration Awards

In arbitration, an award refers to the final decision rendered by the arbitrator or arbitral tribunal. Arbitration awards are binding on the parties and may be enforced in the same way as a court judgment. Unlike court rulings, arbitration awards are often confidential and typically not subject to appeal, except under narrow circumstances such as fraud, corruption, or manifest disregard of the law.

Common types of arbitration awards include:

  • Final award – Resolves all claims in the dispute.
  • Partial or interim award – Addresses specific issues (e.g., liability) before final resolution.
  • Consent award – Issued when parties reach a settlement, and the arbitrator records it formally.

Consonant

It is manifest that the award must be confined within the powers given to the arbitrators, because, if their decisions extend beyond that authority, this is all assumption of, power not delegated, which cannot legally affect the parties. If the arbitrators, therefore, transcend their authority, their award pro tanto will be void but if the void part affect not the merits. of the submission, the residue will be valid.

Certain

The award ought to be certain, and so expressed that no reasonable doubt can arise on the face of it, as to the arbitrator's meaning, or as to the nature and extent of the duties imposed by it on the parties. An example of such uncertainty may be found in the following cases: An award, directing one party to bind himself in an obligation for the quiet enjoyment of lands, without expressing in what sum the obligor should be bound. Again, an award that one should give security to the other, for the payment of a sum of money, or the performance of any particular, act, when the kind of security is not specified.

Examples of Awards in Practice

To understand award meaning in law, consider these examples:

  • A court orders a company to pay $2 million in damages to a plaintiff for breach of contract.
  • An arbitrator grants an employee reinstatement along with back pay after wrongful termination.
  • A family court awards custody of children to one parent, with specified visitation rights to the other.

These examples highlight how awards resolve disputes by providing clear remedies that are enforceable under the law.

Possible to Be Performed, Lawful, and Reasonable

It must be possible to be performed, be lawful and reasonable. An award that could not by any possibility be performed, as if it directed that the party should deliver a deed not in his possession, or pay a sum of money at a day past, it would of course be void. But the, award that the party should pay a sum of money, although he might not then be able to do so, would be binding. The award must not direct anything to be done contrary to law, such as the performance of an act which would render the party a trespasser or a felon, or would subject him to an action. It must also be reasonable, for if it be of things nugatory in themselves, and offering no advantage to either of the parties, it cannot be enforced.

Final

The award must be final that is, it must conclusively adjudicate all the matters submitted. But if the award is as final as, under the circumstances of the case it might be expected, it will be considered as valid. As to the form, the award may be by parol or by deed, but in general it must be made in accordance with the provisions and requirements of the submission.

Enforceability of Awards

Once issued, an award is generally enforceable by law. Court awards can be enforced through mechanisms such as wage garnishment, property liens, or contempt proceedings. Arbitration awards, both domestic and international, may be enforced under treaties like the New York Convention, which ensures recognition of arbitration awards in over 160 countries.

If an award fails to meet the qualifications of certainty, lawfulness, or finality, courts may refuse enforcement or set it aside. This underscores why the validity criteria outlined earlier are essential.

Frequently Asked Questions

1. What does award mean in law?

In law, an award is a decision or remedy granted by a judge, jury, or arbitrator to resolve a dispute. It can be monetary or non-monetary.

2. Are arbitration awards legally binding?

Yes. Arbitration awards are binding and enforceable like court judgments, though appeals are usually limited.

3. Can an award be something other than money?

Absolutely. Awards can include property transfers, custody decisions, injunctions, or specific performance orders.

4. How are court awards enforced?

Courts enforce awards through garnishment, liens, seizure of assets, or other judicial remedies.

5. What happens if an award is unclear or unlawful?

If an award is uncertain, impossible to perform, or contrary to law, it may be declared void or unenforceable by a court.

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