Filing and Notification of the Award - Article 31 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s):

Antonio Crivellaro

Page Count:

2 pages

Media Description:

PDF from "Chamber of Arbitration of Milan Rules: A Commentary"

Published:

April, 2012

Jurisdictions:

Italy,

International

Practice Areas:

Arbitral Awards,

Deposit of Award,

Confirmation or Authentication,

CAM

Author Detail:

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”.

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Description:

Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 31 - FILING AND NOTIFICATION OF THE AWARD

1. The Arbitral Tribunal shall file the award with the Secretariat in as many original copies as there are parties plus one.

2. The Secretariat shall forward the original award to each party within ten days of the filing.

1. Filing and notification of the award

Article 31 deals with the filing and notification of the award and states as follows:

1. The Arbitral Tribunal shall file the award with the Secretariat in as many original copies as there are parties plus one.

2. The Secretariat shall forward the original award to each party within ten days of the filing”.

It is a usual feature of an institutional arbitration that notification of the award be made by the institution, within a given time-limit after receipt from the arbitral tribunal of the necessary number of originals, duly signed and dated. In ad hoc arbitrations, most arbitration legislations require that the arbitrators themselves will arrange for delivery of the award to the parties.

All arbitration laws or institutional rules provide for the service of the award on the parties, irrespective of the terminology used: delivery, transmission, communication, notification.

2. The relevance of the date of notification

The notification of an award to the parties has significant procedural consequences: it frequently triggers the time period for applying for correction or interpretation of the award1 or for filing an application to annul the award.2

It is perhaps superfluous to note that the notification is made to all parties simultaneously, in order to give them equal opportunity to challenge or seek correction or interpretation of the award within timelimits which start to run from the same date.

Table of Contents:

1. Filing and notification of the award;
2. The relevance of the date of notification;
3. The mode of notification