Orders of the Arbitral Tribunal - Article 23 - Chamber of Arbitration of Milan Rules: A Commentary
PAOLO MARZOLINI is a practicing Lawyer and Arbitrator; his field of specialisation is International Commercial Arbitration as well as Contract and International Law. He has been involved in several international arbitrations as counsel or arbitrator and in more than 150 arbitrations as administrative secretary to arbitral tribunals. Paolo Marzolini is a member of Lenz & Staehelin international arbitration team.
PAOLO MICHELE PATOCCHI, LL.M., is Partner and Head of the Arbitration Team at Lenz & Staehelin; he is an expert in International Commercial Arbitration as well as Contract and International law. He has served as counsel or arbitrator in international arbitrations in Switzerland (and a significant number of other West and East-European venues). He has been teaching as lecturer in law at the University of Geneva from 1989 to 2007.
Originally from Chamber of Arbitration of Milan Rules: A Commentary
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.
1.1. 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).
2. Matters Covered by Article 23
3. National Laws and UNCITRAL Model Law
4. Other Arbitration Rules
5. Awards and Orders
6. The Requirements in Article 23(3) of the Milan Rules