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Originally from:
Chamber of Arbitration of Milan Rules: A Commentary
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ARTICLE 30 - DELIBERATION, FORM AND CONTENTS
OF THE AWARD
1. The award shall be deliberated with the participation of all
the members of the Arbitral Tribunal and may be by
majority decision. In the latter case, the award shall state
that it was deliberated with the participation of all the
arbitrators and shall state the reason for the missing
signature.
2. The award shall be in writing and shall indicate:
a. the arbitrators, the parties and their counsel;
b. the arbitration agreement;
c. the seat of the arbitration;
d. the conclusions of the parties;
e. the reasons upon which the decision is based, even in
summary;
f. the decision (dictum);
g. the decision on the allocation of the costs of the
proceedings, with reference to the decision on the costs
of the Arbitral Council, and on the legal costs of the
parties;
3. Each signature shall indicate its date. The arbitrators may
sign at different places and times.
4. The Secretariat shall indicate any non-compliance with the
formal requirements under this Article to the arbitrators
asking for an examination of the draft award before signing
it.
1. General
Article 30 addresses the making of the award (Article 30(1)), its form
and contents (Article 30(2)), the modalities for its signature (Article
30(3)), and the Secretariat’s pre-reading of the draft award to assure
compliance with formal requirements (Article 30(4)).
An award is the decision by means of which the tribunal finally
resolves either a particular claim or the entire dispute which is before it.
As such, all types of arbitral awards (final, partial, interim) have significant
legal effects, conferred by domestic law provisions, international
arbitration conventions, institutional rules, or the arbitration clause itself.
In order for the award to validly produce these consequences, it must
satisfy certain important legal requirements set forth in the above
provisions, as to form, content, deliberation and signature.
SUMMARY:
1. General
2. Article 30(1)
3. The required collegiality of the deliberation
4. Unanimous or majority decisions
5. Signature
6. Dissenting opinions
7. Article 30(2): the essential components of an award
8. The reference to the parties’ “conclusions”
9. The procedural meaning of “conclusions”
10. The most relevant requirement: stating the reasons on which the award is based
11. What makes the reasoning necessary
12. The adequacy of the reasons
13. The dispositive section
14. The decision on costs and their apportionment
15. Date and place of signature
16. The Secretariat’s assistance in checking compliance with the formal requirements.