Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

Form and Contents of Arbitral Award under Section 31

Updated 11 October 2026 · Fact-checked

Section 31 of the Arbitration and Conciliation Act, 1996 sets what a valid award must contain. It must be in writing, signed by the arbitrators (majority is enough if the missing signature is explained), reasoned unless excused, dated, state the place of arbitration, and a signed copy must go to each party.

Understand Form and Contents of Arbitral Award (Section 31)

An arbitral award is the tribunal's final decision on the dispute. Because a court can later test it, the law fixes its form. Section 31 is the checklist.

The award must be in writing and signed by the members of the tribunal. With more than one arbitrator, signatures of the majority of all members are enough, but the award must state the reason for each omitted signature. Note the word "all": the majority is counted out of the full tribunal, not out of those present.

The award must state reasons. Two exceptions exist: the parties have agreed that no reasons are to be given, or the award is on agreed terms under section 30 (a settlement award). It must also state its date and the place of arbitration fixed under section 20. The award is deemed made at that place, whatever place the tribunal actually signed it.

After the award is made, a signed copy must be delivered to each party. This matters because the limitation for a section 34 challenge runs from the date the party received the award.

The tribunal may also make an interim award at any time on any matter on which it could make a final award. Section 31 further deals with interest and costs, which are covered in a separate topic.

Key rules to remember

Form of award (s 31(1)): Award = in writing + signed by members of the tribunal; Oral awards are not valid.
Signatures where more than one arbitrator (s 31(2)): Signatures of majority of ALL members + reason for each omitted signature stated; Majority is of the whole tribunal. The reason for the missing signature must be stated.
Reasons (s 31(3)): Reasons required unless (a) parties agreed no reasons, or (b) agreed-terms award under s 30; Both exceptions are the only ones listed.
Date and place (s 31(4)): Award states date + place of arbitration (as per s 20); deemed made at that place; Deemed place is the place of arbitration, not where it was physically signed.
Delivery (s 31(5)): Signed copy delivered to each party; Receipt starts the three-month period under s 34(3).
Interim award (s 31(6)): Interim award allowed at any time during proceedings on any matter that a final award could decide; It is an award, so s 31 requirements apply.

How to solve Form and Contents of Arbitral Award (Section 31) questions

For any question on the form of an award, run the facts through the section 31 checklist and conclude on validity.

1Identify the defect or fact alleged: missing signature, no reasons, no date, wrong place, no copy given.
2State the relevant sub-section of section 31 in plain words.
3Check the tribunal size. If more than one arbitrator, count signatures against the full tribunal.
4If a signature is missing, check whether the reason for it is stated.
5For reasons, check for an agreement of no reasons or an award on agreed terms under section 30.
6Check date, place of arbitration and the deemed place rule.
7Check delivery of a signed copy to each party and link it to the section 34(3) time limit if relevant.
8Conclude clearly: valid, or open to challenge, and on what ground.

Quickest way: Six-point award checklist

When to use it: Use for short problem questions where you must say if an award complies with section 31.

Writing and signed?
Majority of all members signed, and reasons for omissions stated?
Reasons given, or valid exception?
Date and place stated?
Signed copy delivered to each party?
Write one line of conclusion tied to the sub-section.

Common mistakes in Form and Contents of Arbitral Award (Section 31)

Saying all arbitrators must always sign.
Students read section 31(1) and skip section 31(2).
Fix: Remember: majority of all members suffices if the reason for each omitted signature is stated.
Counting the majority only from arbitrators who attended or agreed.
The word "all" is overlooked.
Fix: Count against the full tribunal. In a three-member tribunal, two signatures are a majority.
Stating that reasons are always compulsory.
Reasoned award is taught as the rule.
Fix: Mention both exceptions: agreement of the parties for no reasons, and an agreed-terms award under section 30.
Treating the place where the award was signed as the place of the award.
Confusion between venue and place of arbitration.
Fix: The award states the place of arbitration under section 20 and is deemed made there.
Ignoring delivery of a signed copy.
Delivery looks like a formality.
Fix: Cite section 31(5) and link it to the three-month period in section 34(3), which runs from receipt.
Treating an interim award as not needing section 31 compliance.
The word interim suggests a lesser order.
Fix: An interim award is an award on a matter a final award could decide, so apply the same form requirements.

Worked examples

Example 1

A three-member tribunal in Pune makes an award. Two arbitrators sign. The third, Mr. Rao, is abroad and does not sign. The award does not mention why his signature is missing. Is the award in compliance with section 31?

Show the solution

Section 31(1) requires signatures of the members of the tribunal.
Section 31(2) allows signatures of the majority of all members, but only if the reason for any omitted signature is stated.
Two of three is a majority of all members, so the number requirement is met.
The award does not state the reason for Mr. Rao's missing signature, so the condition in section 31(2) is not met.

Answer: The award does not comply with section 31(2). The majority signed, but the reason for the omitted signature was not stated. Stating the reason would cure the defect.

Example 2

Alpha Ltd and Beta Ltd settle their dispute during arbitration and the tribunal records the settlement as an award under section 30. The award gives no reasons. Alpha says it is invalid for want of reasons. Advise.

Show the solution

Section 31(3) requires reasons unless an exception applies.
One exception is where the award is an arbitral award on agreed terms under section 30.
This award records the parties' settlement, so it falls within that exception.
Other requirements still apply: writing, signatures, date, place and delivery of a signed copy to each party.

Answer: Alpha's objection fails. An award on agreed terms under section 30 need not state reasons under section 31(3)(b), provided the other requirements of section 31 are met.

Exam tips

Quote the sub-section numbers: 31(1) writing and signature, 31(2) majority, 31(3) reasons, 31(4) date and place, 31(5) delivery.
In problem questions, follow provision, facts, conclusion, and name the exact defect.
Always state both exceptions to the reasons rule.
Link delivery under section 31(5) to the section 34(3) time limit to show depth.
Keep interest and costs under section 31(7) and (8) for their own topic, but mention them in one line if asked about contents.

Practice questions from Preparation and Execution of Arbitral Award

Form and Contents of Arbitral Award (Section 31): frequently asked questions

How many arbitrators must sign an award under section 31?

Where there is more than one arbitrator, the signatures of the majority of all the members are sufficient. The reason for any omitted signature must be stated in the award.

Must every arbitral award give reasons?

No. Reasons are required unless the parties have agreed that none are to be given, or the award is on agreed terms under section 30.

Where is an award deemed to be made?

The award must state its date and the place of arbitration determined under section 20. It is deemed to have been made at that place.

Is delivery of the award to the parties required?

Yes. After the award is made, a signed copy must be delivered to each party. The three-month period for a section 34 application runs from the date the party receives the award.