10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

354C H A P T E R X X I IThe arbitral award shall be issued in writing and signed by all the arbitrators or by amajority thereof. The decision shall include the date of issuance and place of arbitration.After the award is issued, the tribunal must notify each of the parties by the delivery ofa copy signed by the arbitrators.The arbitral tribunal will decide the dispute in accordance with the laws chosen bythe parties. If the parties did not indicate the law that should govern the merits of thecase, the arbitral tribunal, taking into account the characteristics or connections ofthe case, will determine the applicable law and will have in mind trade usages regardingthe case.In the event that the arbitration has been resolved according to law, the arbitral decisionshall be grounded in law and fact, unless the parties have agreed otherwise or unlessthe decision contains a settlement between the parties. The arbitral tribunal will decideas an amiable compositeur or in equity only if the parties have expressly authorized it todo so. Within the 30 days following the notification of the award, unless the parties haveagreed to another time period, either of them may, with notification to the other, requestthe arbitral tribunal to:a) Correct the award: for any error in calculation, copying, typography or similarnature;b) If the parties so agree, provide an interpretation of a point or a specific part of theaward. If the arbitral tribunal considers it justified, it will make the correction orprovide the interpretation within 30 days from the receipt of the request, whichcorrection will be integrated into the award;c) Issue an additional award with respect to the claims made in the arbitral proceedings,but omitted in the award. If the arbitral tribunal considers it justified, it willissue the additional award within 60 days.In the event that during the arbitral proceedings the parties reach a settlement resolvingthe dispute, the arbitral tribunal will terminate the proceedings and if both partiesso request and the tribunal does not object, it will record the settlement in the form ofan arbitral award. This award will have the same nature and effect as any other awardissued on the merits of the dispute.5.10. Arbitration CostsArbitration costs are understood as the fees of the arbitral tribunal, the travel expensesand other expenses incurred by the arbitrators, the cost of expert advice or of any otherassistance requested by the arbitral tribunal, travel and other expenses incurred by thewitnesses (provided they are approved by the arbitral tribunal), the cost of representationand legal assistance of the winning party if such cost is claimed during the arbitral

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!