Part V -The Arbitral Award and the Termination of Proceedings
Article (39)
The award of an Arbitral Tribunal composed of more than one arbitrator shall be issued by a majority of opinions after deliberations conducted in the manner prescribed by the Arbitral Tribunal, unless the parties otherwise agree.
Article (41)
If the parties agree, during the arbitral proceeding, on a settlement ending the dispute, they may request that the conditions of the settlement be evidenced before the Arbitral Tribunal, which must in such case issue a decision containing the conditions of the settlement and terminating proceedings. Such decision shall have the force of an arbitral award as far as execution is concerned.
Article (42)
The Arbitral Tribunal may issue interlocutory awards or awards that address part of the claim before issuing its final arbitral award ending the entire dispute.
Article (43)
If, in the course of the arbitral proceedings, a matter lying outside the mandate of the Arbitral Tribunal arises. Or if a document submitted to it is challenged for forgery ,or if criminal proceedings are instituted for forgery or for any other criminal act, the Arbitral Tribunal may continue to review the merits of the dispute if it deems a decision on such matter, on forgery of the document or on the other criminal act to be unnecessary for the determination of the merits of the dispute. Otherwise, it shall suspend proceedings until a final judgment is issued in this respect. Such suspension shall entail suspension of the time limit prescribe for rendering the arbitral award.
Article (47)
The party in whose favor the arbitral award has been rendered must deposit the original award or a copy thereof in the language in which it was issued, or an Arabic translation thereof authenticated by the competent authority if it was issued in a foreign language, with the clerk of the court referred to in Article (9) of this law. The court clerk shall evidence such deposit in a process verbal and each of the parties to arbitration may obtain a copy of the said process verbal.
Article (48)
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Article (39)
- The Arbitral Tribunal shall apply the rules agreed by the parties to the subject
- If the parties fail to agree on the legal rules to be applied 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.
- The Arbitral Tribunal must, when adjudicating the merits of the dispute, take into account the conditions of the contract, subject of the dispute and the usages of commerce in similar transactions.
- The Arbitral Tribunal may, if it has been expressly empowered to act as an "amiable compositeur" by agreement between the parties to arbitration, adjudicate the merits of the dispute according to the rules of justice and equity without being bound by the provisions of law.
The award of an Arbitral Tribunal composed of more than one arbitrator shall be issued by a majority of opinions after deliberations conducted in the manner prescribed by the Arbitral Tribunal, unless the parties otherwise agree.
Article (41)
If the parties agree, during the arbitral proceeding, on a settlement ending the dispute, they may request that the conditions of the settlement be evidenced before the Arbitral Tribunal, which must in such case issue a decision containing the conditions of the settlement and terminating proceedings. Such decision shall have the force of an arbitral award as far as execution is concerned.
Article (42)
The Arbitral Tribunal may issue interlocutory awards or awards that address part of the claim before issuing its final arbitral award ending the entire dispute.
Article (43)
- The arbitral award shall be issued in writing and signed by the arbitrators. If the Arbitral Tribunal is composed of more than one arbitrator, the signatures of the majority of the arbitrators shall be sufficient, provided the reasons why a minority desisted are mentioned in the award.
- The arbitral award must be motivated, unless the parties to arbitration agree
- otherwise or the law applicable to the arbitral proceeding does not require the award to cite reasons.
- The arbitral award must include the names and addresses of the parties, the names, addresses, nationalities and capacities of the arbitrators, a copy of the arbitral agreement, a summary of the parties' claims, statements and documents, the text of the ruling, the date and place it was issued and the reasons therefore when the citing of such reasons is mandatory.
- The arbitral tribunal shall deliver to each of the parties a copy of the arbitral Award signed by the arbitrators who approved it within thirty days from the date of its issuance.
- The arbitral award may not be published in whole or in part except with a the approval of the parties to arbitration.
- The Arbitral Tribunal shall issue the award finally ending the entire dispute
- If the arbitral award is not rendered within the period referred to in the preceding paragraph, either of the two parties to arbitration may request the president of the court referred to in Article (9) of this law, to issue an order setting a new deadline or terminating the arbitral proceeding. In such case either party may raise his claims to the court of original jurisdiction.
If, in the course of the arbitral proceedings, a matter lying outside the mandate of the Arbitral Tribunal arises. Or if a document submitted to it is challenged for forgery ,or if criminal proceedings are instituted for forgery or for any other criminal act, the Arbitral Tribunal may continue to review the merits of the dispute if it deems a decision on such matter, on forgery of the document or on the other criminal act to be unnecessary for the determination of the merits of the dispute. Otherwise, it shall suspend proceedings until a final judgment is issued in this respect. Such suspension shall entail suspension of the time limit prescribe for rendering the arbitral award.
Article (47)
The party in whose favor the arbitral award has been rendered must deposit the original award or a copy thereof in the language in which it was issued, or an Arabic translation thereof authenticated by the competent authority if it was issued in a foreign language, with the clerk of the court referred to in Article (9) of this law. The court clerk shall evidence such deposit in a process verbal and each of the parties to arbitration may obtain a copy of the said process verbal.
Article (48)
- The arbitral proceedings shall terminate with the issuance or the award ending the dispute in its entirely or with the issuance of an order ending the arbitral proceedings pursuant to paragraph (2) of Article (45), in the following cases:
- Without prejudice to the provisions of Articles (49), (50) and (51) of the present Law, the mission of the Arbitral Tribunal ends with the termination of the arbitral proceedings.
- Either party to arbitration may, within thirty days from receiving the arbitral award, request the arbitral award to interpret any ambiguity appearing in the award. The party requesting
- The interpretation shall be issued in writing within the thirty days following the date the request for interpretation is submitted to the arbitral tribunal. The tribunal may extend the deadline by another thirty days if it deems such extension is necessary.
- The award rendered to interpret is deemed to be a complementary part of the arbitral award and is subject to its provisions.
- The arbitral tribunal shall correct any material errors in its award, whether involving words or figures, by means of a decision it issues either sua sponte or upon request by one of the parties. The arbitral tribunal shall make the correction without pleadings within thirty days following the issuance of the award or the deposition of the request for correction, as the case may be. The tribunal may extend this deadline by an additional thirty days if it deems this to be necessary.
- The correction shall be issued in writing by the arbitral tribunal and notified to the parties within thirty days from the date it was issued. if the decision may be invoked by means of an action for nullity, which shall be subject to the provisions of Articles (53) and (54) of thus Law.
- Either of the parties to arbitration may, even after the expiry of the time limit for arbitration, request the arbitral tribunal within thirty days from receiving the arbitral award, to issue an additional award on a claim submitted by such party in the course of the proceedings and overlooked by the arbitral award. Such request must be notified to the other party before it is presented to the tribunal.
- The arbitral tribunal shall render its award within sixty days from the submission of the request, and may extend such period for a further thirty days if it deems this to be necessary.
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