Deliberation, form and contents of the award - Article 30 - Chamber of Arbitration of Milan Rules: A Commentary
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”.
Originally from Chamber of Arbitration of Milan Rules: A Commentary
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.
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.
2. Article 30(1)
3. The required collegiality of the deliberation
4. Unanimous or majority decisions
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.