Originally from Chamber of Arbitration of Milan Rules: A Commentary

Preview Page

ARTICLE 32 – TIME LIMIT FOR FILING THE FINAL AWARD

1. The Arbitral Tribunal shall file the final award with the Secretariat within six months from its constitution, unless otherwise agreed by the parties in the arbitration agreement.

2. In any case, the Arbitral Council may extend the time limit for the filing of the award, even on its own initiative, or, where there is consent by the parties to an extension, the Secretariat may do so.

3. The Secretariat shall suspend the time limit in the cases expressly provided for in these Rules and for any other justified reason.

1. The time-limit for issuing the final award

The time limit for the filing of the final award by the arbitral tribunal with the Secretariat is addressed in Article 32, which states:

1. The Arbitral Tribunal shall file the final award with the Secretariat within six months from its constitution, unless otherwise agreed by the parties in the arbitration agreement.

2. In any case, the Arbitral Council may extend the time limit for the filing of the award, even on its own initiative, or, where there is consent by the parties to an extension, the Secretariat may do so.

3. The Secretariat shall suspend the time limit in the cases expressly provided for in these Rules and for any other justified reasons. Time limits for making the award are currently provided in national laws, institutional rules, or arbitration agreements. In institutional arbitrations, the relevant rule is normally two-fold: it first fixes a time limit which apply to all proceedings, unless in the specific case the parties have agreed on a different time limit; it then empowers the institution to extend the (general or conventional) time limit so as to accomodate any need for a longer time for closing the proceedings. Article 32 does not depart from this general practice.