AWARDS, ORDERS AND DELIBERATIONS - Chapter 19 - MENA Leading Arbitrators’ Guide to International Arbitration
Originally from The MENA Leading Arbitrators’ Guide to International Arbitration
This chapter addresses the two instruments by which arbitrators make decisions in arbitral proceedings, i.e., awards and orders. Although the importance of awards cannot be understated in the context of an arbitration, arbitration laws, institutional rules and international conventions do not contain a definition of what constitutes an award. This chapter will not attempt to provide such a definition. Rather, it focuses upon the form and content requirements that have to be met pursuant to various arbitration statutes and institutional rules across the MENA region in order for an award to be valid and enforceable as well as the mechanisms for correcting and interpreting awards. Moreover, the chapter will address orders issued in an arbitration, and more specifically how laws and rules refer to orders, the issues frequently addressed in procedural orders as well as the differentiation between an order and an award. Finally, this chapter will set out some considerations concerning the process that leads to the issuance of orders and awards, i.e., deliberations.
Most arbitration laws of the MENA region are based upon the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”). While not defining arbitral awards, this law addresses their form and content. Article 31 of the Model Law provides:
(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under article 30.