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Chapter 28 - The Award - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
114 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
Arbitral Awards,
Time Limit for Rendering Award,
Effects,
Reasons,
Relief and Remedies in General
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

FINAL, PARTIAL AND INTERIM AWARDS

28.1. Possibility of Interim Awards – Provisional Remedies

The Swiss Federal Court1 has provided a very clear definition of an arbitral award:

“An arbitral award2 is a decision made, under an arbitration agreement by a non state tribunal to which the parties have granted the task of deciding on a financial dispute3 of an international nature.”4

While the arbitration agreement is the starting point of arbitration proceedings, the award is its final step. With the award, the arbitral proceedings reach their natural conclusion. The award tends then to reflect all the possible defects of the proceedings and by attacking it a party may complain about them.

The first problem that arises in this respect is whether it is possible to issue an award that does not determine the entire dispute, but only determines a part of it. The procedural laws of the various legal systems have assigned various names to interim awards, such as interlocutory, separate and interim awards.

Table of Contents: 

CHAPTER 28: THE AWARD

Final, Partial and Interim Awards
28.1 Possibility of Interim Awards – Provisional Remedies
28.2 Interim Awards and Orders
28.3 Final Award
28.4 Finality of Interim Awards
28.5 Award by Consent of the Parties

Duty to Decide
28.6 Duty to Decide
28.7 Delegation by the Arbitrators of Their Authority to Decide
28.8 To Do Substantial Justice and Not to Split the Baby
28.9 Questions and Propositions on Which the Award Does Not Have to Decide
28.10 Lack of Signature by All the Arbitrators
28.11 Discussion and Decision
28.12 Truncated Tribunal 
28.13 Decision by a Majority or Casting Vote
28.14 Judicial Discretion
28.15 Decision on Issue Not Argued by the Parties
28.16 Remit to the Arbitrator
28.17 Dissenting Opinions
28.18 Inertia of the Parties

Content of the Award
28.19 Content of the Award
28.20 Reasons of the Award
28.21 Obiter Dicta

Available Remedies
28.22 Available Reliefs (Monetary, Declaratory, Injunctive, Specific Performance, Penalties)
28.23 Other Sanctions

Sanctity of Deliberation Chambers
28.24 Sanctity of Deliberation Chambers or Power of State Courts to Invade Them

Place Where the Award is made
28.25 Place Where the Award Is Made
28.26 Confidentiality in Arbitration
28.27 Scrutiny of the Draft Award by the Arbitral Institution

Effects of the Award
28.28 Effects of the Award – Res Judicata 

Time Limit to Decide
28.29 Time Limit for the Award
28.30 Binding Effect of Precedents – Stare Decisis

Publication of the Award
28.31 Publication of the Award

Post Award Arbitral Proceedings
28.32 Arbitral Post Award Proceedings: Correction Interpretation and Additional Award versus Court Post Award

Proceedings
28.33 The Five Basic Post Award Avenues