In the spirit of this overall duty, the FAI Rules impose a number of obligations on the arbitral tribunal and the parties that are designed to reduce time and costs of the proceedings, including an obligation on the arbitral tribunal to render
the final arbitral award within nine months from the receipt of the final award.
Not exact matches
As previously disclosed, the Company received a
final judgment in its favor for a total of US$ 1.9 million plus interest from the US District Court for the District of Arizona in January, 2016 related to an
arbitral award of R$ 7.8 million, including interest and penalties, from a Brazilian arbitration panel.
In 2009 the
arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the
arbitral tribunal delivered a
final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.
Unlike the judgments made in litigation of first instance,
arbitral awards become
final and binding on the parties as soon as it is rendered.
[7] While excluding judicial decisions and
arbitral awards will limit the number of parties served by the instrument, the working group considered it best to avoid «overlap» with other conventions and minimize confusion among enforcement authorities over which instrument applies, although the
final wording of this provision remains to be determined.
Indeed, the majority further expressed the view (obiter) that an
arbitral tribunal could order a
final (rather than interim)
award requiring compliance with the DAB's decision if that is all that the tribunal was asked to rule on.
Respecting contractually - agreed privative clauses which block court appeals would make an
arbitral award truly
final and binding, they said.
[71] Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their arbitration agreements and to fully embrace
arbitral awards as
final.
Arbitral awards which are
final and binding, are generally enforceable in more than 150 countries under the New York Convention (subject to any local legislation and / or requirements).
He went on to say that «in our view, an application... for leave to enforce an
award as a judgment is... one aspect of its recognition and as such is the
final stage in rendering the
arbitral procedure effective.
The
arbitral tribunal shall in the
final award or, if it deems appropriate, in any other
award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
Without the SPC's
final approval, local courts are not allowed to decide against a foreign - related
arbitral agreement, a foreign - related
award or a foreign
award.
(iii) the making of the
final award was induced or affected by fraud or corruption as the underlying contract in the
arbitral proceedings was procured by bribes (the «Public Policy Issue «-RRB-.
Be sure to check back for the
final post in our arbitration series, in which we will discuss the enforcement and appeal of
arbitral awards.
A
final and binding
award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the
arbitral tribunal on a question of law or fact decided by the
award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.
In this issue: Arbitration in China: the
final chapter of the CIETAC schism; Challenging enforcement of an
award and partial enforcement in Australia; Challenging enforcement of an
arbitral award in Singapore; Conferences and events
The
arbitral award shall be
final and binding.
Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by
final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.
[1] The number of months in parenthesis indicates the duration between the date on which the case file is transmitted to the
arbitral tribunal and the date of the
final award.
The decision appears to leave open the possibility of appealing an
arbitral decision if it amounts to a «
final order» even if it is not the
final award of the tribunal: Universal Settlements International Inc. v. Duscio.
An interim
arbitral order which is not a
final award of the
arbitral tribunal may not be enforceable outside the place of the arbitration.