Scherer, Maxi; Morris, Danielle --- "The Award" [2019] ELECD 3043; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 1225

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 26

Section Title: The Award

Author(s): Scherer, Maxi; Morris, Danielle

Number of pages: 131

Extract:

26
THE AWARD



RULE 46 ­ PREPARATION OF THE AWARD

Maxi Scherer and Danielle Morris1

The award (including any individual or dissenting opinion) shall be drawn up and
signed within 120 days after closure of the proceeding. The Tribunal may, however,
extend this period by a further 60 days if it would otherwise be unable to draw up the
award.



1. INTRODUCTION

Rule 46 provides for a deadline in preparing and signing the award. Similar deadlines 26.01
for rendering the award are found in other institutional arbitration rules,2 but not in
all.3 This commentary will look at the drafting history of Rule 46 and address ques-
tions regarding the deadline for signing the award (including its start and end points,
the possibility for extension, and the consequences of any failure to meet the deadline),
before discussing the future of Rule 46.




1 The authors of this commentary would like to acknowledge the invaluable research help of Michael Lee and Marc Lee.
2 See, e.g., ICC Rules, Article 31(1) (six months from the Terms of Reference); ICDR Rules, Article 30(1) (60 days from
the date of the closing of the hearing); CIETAC Rules, Article 48(1) (six months from the formation of the tribunal);
CIETAC Investment Arbitration Rules, Article 45(2) (six months from the closure of proceedings); SCC Rules, Arti-
cle 43 (six months from the reference to the tribunal). The SIAC Investment Arbitration Rules do not set a time limit
by which an award ...