Conclusions - Article 28 - Chamber of Arbitration of Milan Rules: A Commentary

ALBERT HENKE is Aggregate Professor of International Investment Law and Dispute Settlement at Università degli Studi in Milan and Research Fellow and Lecturer in Civil Procedure at the same University. He is coordinator for the relations with International Organizations and member of the committee for the internationalization of the legal education. He is Senior Associate with Clifford Chance Law Firm (Milan office), where his main areas of practice are domestic and international dispute resolution (litigation and arbitration). He has acted both as counsel and administrative secretary in arbitration proceedings. He has been Associate Legal Expert at the United Nations Commission for International Trade Law in Vienna (2005 - 2006). He is the coordinator of the Arbitration Program of the Summer School on International Arbitration and Mediation organized by Università degli Studi (Milan). He is also a member of the editorial staff of the Rivista di Diritto Processuale and of ArbAut and ASA below 40. Since 2008 he has been the coach of the team of University of Milan which takes part to the Vis Moot Competition in Vienna.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 28 - CONCLUSIONS

1. When it deems that the case is ready for issuing the final award, the Arbitral Tribunal shall close the phase for taking of evidence and invite the parties to file their conclusions.

2. The Arbitral Tribunal may set a time limit for filing final statements, for rebuttal statements and may schedule a final hearing.

3. After the closing of the phase for taking of evidence, the parties cannot file new claims, plead new facts, submit new documents or propose the taking of fresh evidence, unless the Arbitral Tribunal decides otherwise.

4. The above shall also apply where the Arbitral Tribunal deems it appropriate to issue a partial award, only with respect to the subject of that award.

1. Summary of Contents

Art. 28 of the Rules deals with the final stage of the proceedings, and in particular with the range of the Tribunal’s and parties’ activities taking place between the closing of the phase for taking of evidence and the deliberation of the final award on the merits.

2. The assessment of the ‘readiness’ of the case for the decision: different scenarios

According to par. 1 of Art. 28, the Tribunal shall close the phase for taking of evidence and invite the parties to file their conclusions, when it deems that the case is ready for issuing the final award.1 Since the provision does not give any specific indication, nor provide any example, as to when a case should be deemed ready for the decision, this will be a case by case evaluation, entirely left to the discretion of the Tribunal. Also this provision indirectly confirms that the new Rules have “(…) enlarged the powers of the arbitrators”.

Table of Contents:

1. Summary of Contents
2. The assessment of the ‘readiness’ of the case for the decision: different scenarios –
3. The closing of the proceedings and the formal measures adopted by the Tribunal –
4. The conclusions of the parties
5. The optional filing of further statements
6. The final hearing
7. The discretionary re-opening of the proceedings
8. A quick comparative overview
9. The case of the partial award