By Andrew Barton and Jeffrey Zaino

Arbitration is generally praised for its efficiency, flexibility and fairness. Yet when it comes time to render an award, arbitrators may find themselves needing greater clarity on the issues presented and the specific relief each party is seeking. Traditionally, this can result in time-consuming and expensive post-hearing submissions. 

Enter the Issues and Relief Statement (IRS). This streamlined, neutral alternative equips arbitrators with the information they need to craft clear, enforceable and well-reasoned awards without adding unnecessary advocacy or complexity. 

The Need for Efficiency and Clarity

Efficiency is one of arbitration’s key advantages over litigation. However, as cases become more complex, the post-hearing procedures can compromise this goal. Excessive briefing, vague requests for relief and advocacy-laden arguments can slow down the process, increase costs and introduce the risk of misinterpretation. 

The IRS directly addresses these challenges by focusing on the core elements necessary for a tribunal to make its final determinations. Rather than presenting a persuasive narrative, it distills the essentials needed for a final award:

• A clear breakdown of the issues to be decided.
• Each party’s position on whether they prevailed on each issue.
• The specific relief sought by each party.

The Issues and Relief Statement: A More Effective Approach

Unlike traditional post-hearing briefs, the IRS isn’t about persuasion. It’s about precision. Its structured format provides arbitrators with a concise, at-a-glance summary—no unnecessary narrative, no redundant argument or analysis. 

A Sample Format

Each party submits its own IRS, formatted for clarity and efficiency. A simple template might look like this:

Case Name: [Case Caption]
Submitting Party: [Claimant/Respondent]
Date: [Submission Date]

Issues & Party’s Position on Prevailing

This structure provides an at-a-glance summary of each contested issue, whether the submitting party believes it prevailed, and the specific remedy sought. It also ensures the arbitrator has a roadmap for drafting the award without unnecessary distractions or advocacy.

Why the IRS works

1. Promotes Efficiency
   
   The IRS replaces pages of argument with a distilled summary, saving arbitrators time and effort while allowing them to draft reasoned awards that address the issues in dispute.
    
2. Reduces Costs 
   
   Parties can save on legal fees by avoiding lengthy briefs and focusing only on what matters: the issues and the relief sought. 
    
3. Reduces the Risk of Omissions
   
   The IRS functions as a checklist, allowing arbitrators to explicitly acknowledge and rule on all contested issues . This reduces the risk of post-award challenges arguing that the arbitrator ignored or improperly considered a claim or defense.
    
4. Speeds up Award Finalization
   
   Standardized, concise submissions allow arbitrators to move swiftly from reviewing to drafting, enabling faster resolutions.

How Arbitrators Can Implement the IRS

To adopt the IRS effectively, arbitrators should consider the following practices: 

• Include it in Procedural Orders: Specify that each party must submit an IRS in lieu of post-hearing briefs.
   
• Limit the Length: Encourage brevity—typically a few pages to maintain focus and efficiency.
   
• Provide a Template: Standardization aids clarity and comparison. 
   
• Clarify its Purpose: Emphasize that the IRS is a concise summary, not a forum for further argument. 

A Step Toward Smarter Arbitration

The Issues and Relief Statement is a simple yet transformative tool. It promotes clarity, reduces costs and provides for a more efficient arbitration process. 

The IRS offers arbitrators a reliable method for crafting sound awards while preserving impartiality. For parties, it sharpens focus and minimizes post-hearing expenses. 

As arbitration continues to evolve under growing demands for speed and cost control, the IRS represents a practical and decisive step forward. By sticking to the facts, everyone benefits—from arbitrators to the integrity of the process itself.