Form and effect of the award | Arbitration Q&A by Hesham Elrafei FCIarb

 

Form and effect of the award UNCIRAL Arbitration rules Article 34

Can the tribunal make separate awards on different issues at different times or it has to be only one award?

The tribunal can make separate awards on different issues at different times. 

What is the form and content of an award? What must be in an award to be valid?

An award must be:

• In writing

• final 

• binding on the parties. 

An award must contain the following:

• Signature of the arbitrators and the reason for an arbitrator's failure to sign if any. 

• Date on which the award was made 

• Place of arbitration “seat of arbitration” 

• Reasons unless the parties agreed otherwise.

Nb: an award is deemed to be made at the place (or seat) of the arbitration

Can a tribunal issue an award without a reason? Can the party agree not to include reasons in the award? 

The tribunal must include the reasons upon which the award is based unless the parties agreed that no reasons are to be given. 

The tribunal must provide the parties with signed copies of the award. 

Are arbitration awards public or private? When can an award be made public? 

Unlike court decisions, arbitration awards are private.

However, an award can be made public if:

• The parties agreed so

• Where a disclosure is required of a party by legal duty, to protect a legal right 

• In relation to legal proceedings before a court or other authority.