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.
The award is the final stage of arbitral proceedings, but it may also become the starting point of a new series of proceedings which aim at obtaining or avoiding the award’s enforcement. All these proceedings are examined in the last part of this study.
As Glencore1 affirmed under the applicable law (in that instance under Kenyan law) the award must be stamped and in the absence of the stamp may not be registered or acted upon.
A distinction must first be made between the effects of the award in its state of origin and its effects in other states. While the award necessarily produces effects in the former, it does not follow that it will produce effects in other States.
Table of Contents:
CHAPTER 30: FILING AND NOTIFICATION OF THE AWARD
Filing 30.1 Filing with the Arbitral Institution and Delivery of the Award 30.2 Filing of the Award with a State Court or Governmental Agency 30.3 Notification of the Award to the Parties 30.4 Prohibition to the Arbitrators to Deliver Directly to the Parties