question 4 Arbitration power to terminate

Question 4 arbitrators termination process

• Settlement Article 30
• when the parties settle the dispute
• the tribunal shall terminate the PROCEEDINGS
• IF REQUESTED BY THE PARTIES
• AND NOT OBJECTED BY THE ARBITRAL TRIBUNAL
• THEN RECORD THE SETTLEMENT IN THE FORM OF AN AWARD ON AGREED TERMS
• THIS AWARD ON AGREED TERMS MUST BE IN ACCORDANCE WITH ARTICLE 31
• AND STATE IT IS AN AWARD
• THIS AWARD HAS THE SAME STATUS AND EFFECT AS ANY OTHER AWARD
• ARTICLE 31 AWARD
• AWARD SHALL BE MADE
• IN WRITING
• SIGNED BY ARBITRATOR OR ALL ARBITRATORS
• OR MAJORITY IN A TRIBUNAL
• ANY OMITTED SIGNATURE IS STATED

THE AWARD TERMINATION

• THE AWARD SHALL STATE THE REASON IT WAS Based unless
• parties have agreed no reason to be given
• or that the award is in terms of ARTICLE 30
• THE AWARD SHALL STATE THE FOLLOWING
• ITS DATE
• PLACE OF ARBITRATION IN ACCORDANCE ARTICLE 20
• AND SIGNED BY BOTH PARTIES
• SIGNED BY ARBITRATOR AND GIVEN TO BOTH PARTIES
• ARTICLE 32 TERMINATION OF PROCEED
• BY FINAL AWARD
• OR BY TRIBUNAL IN ACCORDANCE WITH ART 32
• TRIBUNAL WILL ISSUE AN ORDER OF TERMINATION WHEN
• CLAIMANT WITHDRAWS CLAIM UNLESS THERE RESPONDENT OBJECTS
• AND TRIBUNAL RECOGNIZES A LEGITIMATE INTEREST IN OBTAINING A FINAL SETTLEMENT OF THE DISPUTE
• THE PARTIES AGREE TO TERMINATE THE PROCEEDINGS
• TRIBUNAL FIND THAT PROCEEDING HAVE BECOME UNNECESSARY OR IMPOSSIBLE
• THE MANDATE OF A TRIBUNAL TERMINATION SUBJECT TO ARTICLE 33 AND 34

OTHER REASON FOR TERMINATION

• WHEN PARTIES AGREE TO TERMINATE
• WHEN PARTIES FIND IT UNNECESSARY OR IMPOSSIBLE TO CONTINUE
• THE ARBITRATORS MANDATES TERMINATES WITH THE PROCEEDING
• NEXT PAGE
• NEXT PAGE
• NEXT PAGE

ARTICLE 32 TERMINATION

• FIRST WAY TERMINATE IS BY FINAL AWARD
• SECOND WAY TO TERMINATE IS WHERE THE ARBITRATOR MAKE AN ORDER TO TERMINATE IN RELATION TO ARTICLE 32
• WHICH IS BY AGREEMENT BY PARTIES INVOLVED
• ARBITRATORS POWER COME FROM THE PARTIES AGREEMENT
• TERMINATION OF AGREEMENT REMOVE THE DURISDICTION
• UNDERSTANDING OF FINAL AWARD
• UNDERSTAND OF FINAL AWARD
• PARTIES A AND B
• AGREE TO ARBITRATION
• TIME FRAME IS PROVIDED
• AND ARBITRATION MUST BE COMPLETED
• MAY BE IN THE CLAUSE
• EXAMPLE FINAL AWARD MUST BE MADE WITHIN 6 MONTHS
• IF NOT THERE WILL BE LEGAL CASE LAW
• BECAUSE MANDATE OF ARBITRATOR OR TRIBUNAL
• TERMINATES WHEN TIME LIMIT IS UP
• ARBITRATOR NO LONGER HAS POWER TO REOPEN OR REVISIT
• UNLESS EXTENSION IN AGREED BY PARTIES
• ONCE

Slide 5

Slide 6