The Uniform Act lays down various formal requirements that must be included in the award, such as the names of the parties and of the arbitrators. In addition to these, the award must indicate the reasoning upon which it is based.
The tribunal may order provisional enforcement of the award, on condition that the successful party has requested this. If such a request has been made but the tribunal refuses to order provisional enforcement, the reasons for the refusal must be indicated in the award.
Unless the parties have agreed otherwise, when there are three arbitrators the award is given on the basis of a majority vote. It must be signed by the arbitrators. However, if a minority refuses to sign, the award has the same effect as if it had been signed by all the arbitrators.
Once the award has been signed, the arbitrators become functus officio. However, they may still interpret the award to modify errors or omissions where the modifications, such as corrections of typographical errors or errors of calculation, do not alter the substance of the award.
In cases where the arbitrators have failed to give a decision on one of the heads of claim, they may give an additional award. In any of these cases, an application must be submitted to the arbitral tribunal within 30 days of notification of the award and the tribunal must give its interpretation or its additional or corrected award within 45 days. If it is impossible for the arbitral tribunal to be reconstituted, the local court at the seat of arbitration has jurisdiction to give the necessary decision. No time limit is laid down for the court to issue its judgment in such circumstances, nor is there any indication of the extent to which the court must re-hear the parties.


Add comment