A. The arbitral tribunal shall apply to the subject matter of the dispute the legal rules agreed upon by the parties. If they agree to apply the law of a particular country, it shall follow the substantive rules of that law, excluding the rules relating to conflict of laws.
B. If the parties do not agree on the legal rules applicable to the subject matter of the dispute, the arbitral tribunal shall apply the substantive rules of the law it deems most closely connected to the dispute.
C. In all cases, when deciding the subject matter of the dispute, the arbitral tribunal must consider the terms of the contract in dispute and take into account the prevailing customs of the type of transaction, established practices, and the established pattern of dealings between the parties.
D. If the parties to the arbitration expressly agree to authorize the arbitral tribunal to settle the dispute, it may decide the subject matter of the dispute according to the principles of equity and fairness, without being bound by the provisions of the law.
A. The arbitration panel shall issue the award concluding the entire dispute within the period agreed upon by the parties. If no such agreement exists, the award must be issued within twelve months from the date of the arbitration panel’s full formation. In all cases, the arbitration panel may, before the expiry of this period, decide to extend it for one or more additional periods, provided that the total period does not exceed twelve months, unless the parties agree to a longer period.
B. If the arbitration award is not issued within the period referred to in paragraph (A) of this article, either party to the arbitration may request the competent judge to issue an order setting one or more additional dates or to terminate the arbitration proceedings, after hearing the other party’s statements. If the judge issues an order to terminate the proceedings, either party may file a lawsuit with the court originally competent to hear the case.
A. If the arbitral tribunal consists of more than one arbitrator, the tribunal shall make any decision, including the final arbitral award, unanimously or by majority vote, unless the parties agree otherwise.
B. Decisions on procedural matters may be made by the presiding arbitrator if authorized to do so by the parties or all members of the arbitral tribunal.
C. If the majority stipulated in paragraph (a) of this Article cannot be achieved for the issuance of the final arbitral award, the award shall be issued by the presiding arbitrator alone if the parties agree.
If the parties agree during the arbitration proceedings to a settlement that ends the dispute, they may request that the terms of the settlement be recorded before the arbitration panel, which must then issue a decision that includes the terms of the settlement and terminates the proceedings. This decision shall have the same enforceability as an arbitral award.
A. The arbitral tribunal may issue provisional or interim rulings, or rulings on part of the claims, prior to issuing the final arbitral award.
B. If one party admits part of the other party’s claims, it may obtain an immediate and final ruling to that effect.
A. The arbitration award shall be written and signed by the arbitrators. If the arbitration panel consists of more than one arbitrator, the signatures of a majority of the arbitrators shall suffice, provided that the reasons for the minority’s failure to sign are stated in the award.
B. The arbitration award must be reasoned.
C. The arbitration award must include the names and addresses of the parties, the names, addresses, nationalities, and capacities of the arbitrators, a summary of the arbitration agreement, a summary of the facts of the dispute, the parties’ claims, statements, defenses, and supporting documents, the operative part of the award, the date and place of its issuance, and the reasoning behind it, if required. The award must also specify the arbitrators’ fees, the arbitration expenses, and how these shall be distributed among the parties.
D. 1. If the parties to the arbitration and the arbitrators do not agree on the determination and distribution of the arbitrators’ fees, the arbitration panel shall determine them. The parties shall be required to pay the arbitrators’ fees equally between them, without prejudice to the arbitration panel’s right to decide on the expenses and fees and how they shall be distributed in the final arbitration award.
2. If either party fails to pay its share of the expenses and fees, the other party shall be required to pay on its behalf.
3. In all cases, any decision issued by the arbitration panel regarding arbitration fees may be appealed to the competent court within fifteen days from the date the parties are notified thereof, and the court’s decision in this case shall be final.
A. The arbitration panel shall deliver a copy of the arbitration award to each party within thirty days of its issuance.
B. The arbitration award, or any part thereof, may not be published except with the consent of both parties to the arbitration.
If, during the arbitration proceedings, a matter arises that falls outside the jurisdiction of the arbitral tribunal, or if a document submitted to it is challenged as forged and criminal proceedings are initiated regarding its forgery or any other criminal act, the arbitral tribunal may continue to consider the subject matter of the dispute if it deems that resolving this matter, the forgery of the document, or the other criminal act is not essential to resolving the dispute. Otherwise, it shall suspend the proceedings until a final judgment is issued on the matter, and this shall result in the suspension of the time limit set for issuing the arbitral award.
A. Arbitration proceedings shall terminate in any of the following cases:
1. Issuance of an award resolving the entire dispute.
2. Issuance of an order to terminate the arbitration proceedings pursuant to the provisions of paragraph (a) of Article (33) or paragraph (b) of Article (37) of this Law.
3. If the parties agree to terminate the arbitration.
4. If the claimant abandons the arbitration proceedings unless the arbitral tribunal decides, at the request of the respondent, that the respondent has a legitimate interest in continuing the proceedings until the dispute is resolved.
5. If the arbitral tribunal, for any other reason, deems the continuation of the arbitration proceedings futile or impossible.
6. Failure to obtain the required majority for issuing the arbitral award, as agreed upon by the parties.
B. Subject to the provisions of Articles (45), (46), and (47) of this Law, the mandate of the arbitral tribunal shall terminate upon the termination of the arbitration proceedings.
A. Either party to the arbitration may, within thirty days of receiving the arbitral award, request the arbitral tribunal to interpret any ambiguity in its operative part. The party requesting the interpretation must provide the other party with a copy of this request before submitting it to the arbitral tribunal.
B. The interpretation shall be issued in writing within thirty days of the date the request for interpretation is submitted to the arbitral tribunal. The tribunal may extend this period by fifteen days if it deems it necessary.
C. The interpretative ruling shall be considered supplementary to the arbitral award it interprets, and its provisions shall apply to it.
D. The interpretative ruling shall be joined to any action to set aside the arbitral award if such action was filed or considered before its issuance.
E. If it is proven impossible for the arbitral tribunal that issued the award to convene to consider the request for interpretation, the matter may be referred to the competent court for a decision, unless the parties agree otherwise.
A. The arbitration panel shall correct any purely material errors, whether clerical or arithmetical, in its award by a decision issued on its own initiative or at the request of one of the parties. The arbitration panel shall make the correction without a hearing within thirty days of the date of issuance of the award or the filing of the request for correction, as the case may be.
B. The decision to correct shall be issued in writing by the arbitration panel and communicated to both parties within thirty days of its issuance. If the arbitration panel exceeds its authority in making the correction, the parties may challenge the validity of this decision by filing an action for annulment, which shall be governed by the provisions of this law.
C. The decision to correct shall be joined to any action for annulment of the arbitration award if such action was filed or considered before its issuance.
D. If it is proven impossible for the arbitration panel that issued the award to convene to consider the request for correction, the matter may be referred to the competent court for a ruling, unless the parties agree otherwise.
A. Either party to the arbitration may, even after the expiry of the arbitration period, request the arbitral tribunal, within thirty days of receiving the arbitral award, to issue a supplementary award addressing claims submitted during the proceedings but omitted from the award. This request must be communicated to the other party before its submission.
B. The arbitral tribunal shall issue its supplementary award within sixty days of the date of submission of the request. It may extend this period by another thirty days if it deems it necessary.
C. The supplementary award shall be considered an integral part of the arbitral award and shall be subject to its provisions.
D. The supplementary award shall be joined to any action to set aside the award if such action was filed or considered before its issuance.