Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 23 – ORDERS OF THE ARBITRAL TRIBUNAL

1. Except as provided for the award, the Arbitral Tribunal shall give its decisions by way of orders.

2. Orders shall be issued by majority. The arbitrators are not required to meet in personal conference.

3. Orders shall be in writing and may be signed by the president of the Arbitral Tribunal alone.

1. Introduction

1.1. An arbitrator may be called upon to rule on a number of issues during the proceedings. In this regard the Milan Rules provide that the arbitrator is to make his or her decision by way of awards (See Articles 30 et seq.; including “partial” or “interim” awards, See in particular Article 33) or orders (Article 23).

1.2. Whereas orders are commonly used by arbitrators to decide issues relating to the management and organisation of the proceedings, awards are typically made to deal with issues relating to the merits of the case (See in this regard paragraphs 5.1 et seq. below).

1.3. There are a number of differences between orders and awards: firstly, orders are not in principle subject to direct judicial review (See in this regard paragraphs 5.10. et seq. below); secondly, awards must usually meet a number of formal requirements, whereas less stringent rules apply to orders in this respect (See paragraph 5.6. below); finally, unlike awards, orders may be revoked or amended by arbitrators of their own motion or upon request by either party at any time during the proceedings; thus, orders do not have any res judicata effect (See paragraph 5.8. below).