Time Limit for Filing the Final Award - Article 32 - Chamber of Arbitration of Milan Rules: A Commentary

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Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 32 – TIME LIMIT FOR FILING THE FINAL AWARD

1. The Arbitral Tribunal shall file the final award with the
Secretariat within six months from its constitution, unless
otherwise agreed by the parties in the arbitration
agreement.
2. In any case, the Arbitral Council may extend the time limit
for the filing of the award, even on its own initiative, or,
where there is consent by the parties to an extension, the
Secretariat may do so.
3. The Secretariat shall suspend the time limit in the cases
expressly provided for in these Rules and for any other
justified reason.

1. The time-limit for issuing the final award

The time limit for the filing of the final award by the arbitral tribunal
with the Secretariat is addressed in Article 32, which states:
1. The Arbitral Tribunal shall file the final award with the Secretariat
within six months from its constitution, unless otherwise agreed by
the parties in the arbitration agreement.
2. In any case, the Arbitral Council may extend the time limit for the
filing of the award, even on its own initiative, or, where there is
consent by the parties to an extension, the Secretariat may do so.
3. The Secretariat shall suspend the time limit in the cases expressly
provided for in these Rules and for any other justified reasons.
Time limits for making the award are currently provided in national
laws, institutional rules, or arbitration agreements. In institutional
arbitrations, the relevant rule is normally two-fold: it first fixes a time
limit which apply to all proceedings, unless in the specific case the
parties have agreed on a different time limit; it then empowers the
institution to extend the (general or conventional) time limit so as to

Table of Contents: 

SUMMARY: 
1. The time-limit for issuing the final award; 
2. The procedure for extending the time-limit – Case management techniques; 
3. Is a late award valid?; 
4. Suspension of the time-limits.

Author Detail: 

ANTONIO CRIVELLARO is presently of-counsel and until 2008
partner (Head of Arbitration Department) in Bonelli Erede Pappalardo
Law Firm. Extensive practice as counsel or arbitrator in ad hoc or
institutional arbitrations, such as ICC, ICSID, LCIA, Stockholm
Chamber, Vienna Centre, Milan Chamber, Cairo Centre, Bangkok
Arbitration Institute, specializing in investment and commercial disputes.
Member of the Council of the ICC Institute of International Business
Law. Former Professor of international trade law at Padua University.
Teacher at the Turin Master International Trade Law Course. Author of
several publications in international contracts and arbitration. Co-director
of Italian review “Diritto del Commercio Internazionale”.