The Award Flashcards
Orders v Awards
An order is not final
Award is final and binding on the parties and is supported by the NY convention
After the award- the tribunal becomes functus- ceases to exist after 30 days
Types of awards
Partial
Consent
Default
PArtial award
Awards on the jurisdcition of the tribunal/awards on an issue that was bifurcated
Consent awards
Awards made on the agreement of both parties
Default awards
Awards were made when one of the parties failed to participate-n in the award mus specify that the party has refused to participate so then the award cant be callenged
Content of award
Names addresses of party
Issue at stake
Relief
Analysis
Procedural history
Why is procedural history needed
So, if there is a question on whether or not it complied with the agreement, it is easier to analyse and enforce the award
Whats the aim of scrutiny
What is it
To make the award as enfoceabke as possible
Very secret
May take up to 4 weeks
Who does scrutiny, who does not
ICC does scrutiny
ICDR does not
What article of ICC refers to scrutiny
ICC article 34
Have to send draft award to the court
Court make corrections and without prejudice to dm deicsion, put focus on substantive issues
Award cannot be final unless this stage is done
Who does scrutiny
Deputy counsel- corrects spelling mistakes/eroors
ICC CMT- deals with more of the substance
Court- goes over the whole award to make it as enforceable as possible
Examples of things for scrutiny
Whether procedural rules been followed
corrections typos
Reasoning
Mention of mandatory tules of the seat
What does intra petita mean
The decision is incompelte
What does ultra petita mean
Some part of the decision is outside of the tribunals jurisdciton
Corrections and interpretation
ust be made within 30 days of notice of award to parties
May seek interpretation to better understand the award
ay ask the secretait to make any corrections or interpretation
