In case the parties couldn't get to an agreement through mediation or arbitration, SURENESS will determine the appointment of three legal counselors who will form the ARBITRAL TRIBUNAL, and after analyzing all documents and incidents causing the dispute, they will issue a report, called ARBITRAL AWARD which has the same binding force as a court ruling.
This arbitral award will be upheld if it admits every claimant's demands; partially upheld if only part of them are admitted, and dismissed if none of the claims are accepted. An arbitral award can also be issued if the parties get to an agreement. So this would be a conciliatory award and will occur when both parties reach an agreement that ends the dispute partially or totally. The arbitrators will end the procedure on the points agreed.
Term,form, content and notification of arbitral awards
Unless otherwise agreed by the parties, the arbitrators will decide the resolution to the dispute in just one arbitral award or in as many partial awards as they deem necessary.
Every arbitral award must be issued in written form and signed by the arbitrators, who may express their disagreement. When more than one arbitrator, the decision will be made by majority and, in case of disagreement, the president of the arbitral tribunal will decide. If the whole body agrees on the decision, the award will be issued unanimously.
The arbitral award must be reasoned, unless the parts have reached an agreement and the award issued is a conciliatory award. This document must also show the date and place of arbitration.
The arbitration award, duly formalized and signed by the Arbitration Tribunal, will be notified to the parties once the procedure is finished. Arbitrators will cease on their functions with the definitive award issued.
The Tribunal may also terminate the procedure and may issue a ruling ending the award, without considering the substance on the matter:
- When the claimant doesn't state clearly his demands or doesn't provide necessary elements for the knowledge of the dispute.
- When the parties decide to end the procedure, or
- When the Arbitration Tribunal checks that the procedure is impossible.
On this award, on which the substance of the matter hasn't been considered, the Tribunal shall specify if the courts is expedited .
If the parties have not provided otherwise, arbitrators shall decide the dispute within two months from the submission of the response. Unless otherwise agreed, this deadline could be extended by arbitrators’ reasoned decision, no more than one month.
The final award has effects of “res iudicata” and its revision can only be requested in conformity with the Code of Civil Procedure applicable to final judgments.
Remedy and Clarification
In spite of not being possible to contest the decision of the Arbitration Tribunal, there is the chance to set aside the award, exercising the action for annulment, on the following circumstances within two months from the date of issue:
- If the arbitration award is not valid or doesn't exist
- If the appointment of the arbitrator or the procedure hasn't been notified, or there is a lack of chance to exercise rights.
- If the arbitrator has resolved on subjects out of the procedure.
- If the procedure or appointment doesn't adjust to any agreement, except it is contrary to a compelling law, or doesn't adhere to this law.
- If the arbitrator has resolved on subjects not susceptible to arbitration. - If the award is contrary to law enforcement.
Once the award is issued, any of the parties can request a clarification or explanation to correct any miscalculation, typo or copy error, for a clarification on any of the points of the resolution or unresolved proposals .
Under no circumstances this request, that is not a legal remedy or action, serves as a way to show disagreement to the Arbitration Tribunal. The time period available to present this request is 10 days within the award notification.
In the case of one of the parties not complying with the resolution, the other party can apply the enforcement of its compliance and execution, in the vein of a court procedure. In this case, the Arbitration Tribunal will facilitate any documents needed to request this enforcement to the First Instance Court of the place where the award was issued.