Module 4
From the Hearing to the Challenge and Enforcement of Awards
Daniele Favalli / Philippe Bärtsch
The fourth Module concerns the last stage of arbitral proceedings: the award. In the first part of the Module, participants learn about the closure of proceedings and the making of the award. Questions covering the deliberations among the arbitral tribunal, the drafting and the signing of the award, the notification of the award, as well as truncated tribunals and dissenting arbitrators are discussed. And money matters: the allocation of the costs of the arbitration also forms an important part of the discussions. From the counsel's perspective the drafting of requests for correction and interpretation of the award are dealt with. The adjudication is addressed from the tribunal's perspective. Settlement and other grounds for termination of arbitral proceedings are also covered.
The second part of the Module concerns the enforcement of the award. Participants learn where and how to enforce an award, or, conversely, how to resist enforcement of an award. Hotly debated issues like the enforceability of awards which were annulled at the place of arbitration are also addressed.
The third part of the Module covers the challenge of the award. The focus is on jurisdiction, the grounds for challenging an award and other procedural issues related to the challenge of an award. Participants also learn that the finality of arbitral awards may not have the same bearing in all jurisdictions. Additionally whether arbitral tribunals can reconsider their awards based on new facts or evidence discovered after the award was rendered is also discussed.
“The CAS in Arbitration offered by the Swiss Arbitration Academy is a great course taught by brilliant and highly motivated professionals. The participants have a unique opportunity to practice their pleading and cross-examination skills and to meet practitioners with different backgrounds. For me, it was a very valuable and fun experience.”
