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.. looks to me, if I am looking in the right place, that the...

  1. 443 Posts.
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    .. looks to me, if I am looking in the right place, that the 'draft award' has met the 28 December deadline but the process of accepting this award was always going to take time .. fingers crossed the award will ultimately be of substance and in FAR's favour .. JIMHO of course ..

    "Under the International Chamber of Commerce Rules, the most important function of the Court is the scrutiny of arbitral awards. The International Chamber of Commerce Rules provide that the Court must approve all awards as to their form and that the Court may also, without affecting the arbitrators' liberty of decision, draw their attention to points of substance. In International Chamber of Commerce arbitration, scrutiny is a key element ensuring that arbitral awards are of the highest possible standards and thus less susceptible to annulment in the national courts than they might otherwise be. The scrutiny process provides the parties with an additional layer of protection that would not otherwise be available, since arbitral awards are generally not subject to appeal. This unique quality-control mechanism makes International Chamber of Commerce arbitration the world's most reliable arbitration system.To understand how a mechanism of control like that has made the International Chamber of Commerce Court of Arbitration such a special institution of arbitration it seemed necessary to analyze the process of scrutiny of the award."

    "I. The submission of a draft Award to the Counsel by the Arbitral Tribunal
    The first step that takes place is the submission by an Arbitral Tribunal of a draft Award to the Counsel in charge of supervising the Arbitration. The Counsel studies the proposed draft and prepares a written report describing the arbitration in general terms and noting any obvious mistakes such as typing errors, mathematically flawed calculations, failure to deal with a particular claim or any other obvious error. A copy of the draft will also be given to the Secretary General, the Deputy Secretary General and the General Counsel of the Court for a review. The counsel in charge of the file will then discuss with the Secretary General, Deputy Secretary General or the General Counsel whether the Award should be submitted for scrutiny or not to the Court's monthly plenary session or to one of the Court's Committees, which are held four times each month. Normally, most Awards are referred to Committees of the Court and the submission to the plenary session is reserved for cases presenting particular difficulties.
    J. Designation of a Reporter by the Court
    The Court then designates a Reporter among its members who is requested to prepare a written report setting forth the reporter's recommendations concerning the approval or modification of the draft. The Reporter will be chosen for his familiarity with the applicable law, the legal questions involved and his familiarity with the language of the case. He will be the same Reporter during all the process of scrutiny of the award. He will prepare a written report and an oral exposition for the meeting at which the award is considered.
    K. Transfer of the Report and the draft Award to the CourtUsually at least ten days prior to the Plenary Session of the Court, during which the «scrutiny» takes place, a copy of the report with the draft Award are laid out for oral discussion. Any previous Awards rendered in the Arbitration, the Terms of Reference and a report from the Secretariat describing the relevant facts and the arbitral procedure are also laid out for the discussion.This step is paramount as it is at this particular moment, during the Plenary Session, that the award is literally «scrutinized» by the entire Court."

    etc etc

    https://www.memoireonline.com/03/10/3232/Scrutiny-of-the-award-by-the-ICC-court-of-arbitration.html

 
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