Part I Commentary on the ICDR International Rules, 29 Article 29—Awards, Orders, Decisions, and Rulings
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Recognition and enforcement — Arbitrators
This chapter addresses Article 29 of the ICDR Rules. In any arbitration, the tribunal will almost always be required to take certain decisions before it is tasked with rendering a final award. Article 29 provides the tribunal with the broad authority to make such decisions to keep the arbitration advancing and to ultimately resolve the dispute. In addition to the broad powers in Article 29(1), Article 29(2) attempts to address the possibility that a unanimous decision will be unobtainable in an arbitration involving more than a sole arbitrator by permitting any ‘award, order, decision, or ruling’ to be made by a majority of arbitrators, regardless of whether the presiding arbitrator is part of that majority. Meanwhile, Article 29(3) empowers the tribunal to delegate to the presiding arbitrator the authority to make ‘orders, decisions, or rulings on questions of procedure’, subject to revision by the full tribunal.