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United States

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? Recognition and enforcement of arbitral awards is governed in the United States chiefly by the Federal Arbitration Act (FAA), although other provisions of law can apply as well, as discussed throughout this chapter. The FAA is divided into three chapters. Chapter 1 generally governs domestic arbitration proceedings and directs courts to enforce arbitral awards unless the narrow grounds for vacatur, modification or correction are present. Chapter 1 also applies to foreign arbitral awards to the extent that it does not conflict with the New York Convention. Chapter 2 implements the New York Convention, and Chapter 3 implements the Inter-American Convention on International Commercial Arbitration (also known as the Panama Convention), which largely tracks the New York Convention for the purposes of recognition and enforcement.

Sweden

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? The following requirements are set out in the Swedish Arbitration Act.

Switzerland

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? Following the principle of party autonomy, Article 189(1) of the Swiss Private International Law Act (PILA) – which governs international arbitration – establishes that the arbitral award shall first of all ‘be rendered in conformity with the rules of procedure and in the form agreed by the parties’. This means that it will be necessary to first review the applicable arbitration rules or, if any, applicable procedural rules as set forth in the arbitral proceedings whether there are any specific requirements as to the form of the award (or both). Unless the parties have agreed otherwise, Article 189(2) of the PILA provides that the award ‘shall be in writing, supported by reasons, dated and signed. The signature of the chairman is sufficient’. Though extremely rare in practice, the parties are therefore free to waive the written-form requirement and can agree that the award be rendered orally. If the presiding arbitrator is in the minority and declines to sign, the award is still valid with the signatures of two other arbitrators.

Singapore

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? Under Section 38(1) of the Arbitration Act (Cap. 10) (AA), or Article 31(1) of the UNCITRAL Model Law on International Commercial Arbitration 1985 (the Model Law), which is given the force of law in Singapore under Section 3(1) of the International Arbitration Act (Cap. 143A) (IAA), an arbitration award must be made in writing and be signed by the arbitrator in person (in the case of a sole arbitrator) or at least the majority of the arbitrators (in the case of two or more arbitrators), provided that the reasons for any omitted signatures of any arbitrators is stated.

Spain

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? Article 37 of Law 60/2003, of 23 December, on Arbitration (the Arbitration Law) establishes the requirements regarding the form of an arbitration award, which are that the award must:

Russia

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? An applicant must submit an original award or a certified copy thereof. An award must be rendered in writing and must contain the date and place of its rendering. An original award must be signed by all arbitrators (or by a sole arbitrator).

Romania

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? According to the Code of Civil Procedure, the arbitral award shall be drawn up in writing and shall include:

Qatar

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? Arbitration and post-arbitration proceedings in Qatar are governed by:

Portugal

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? According to the Portuguese Voluntary Arbitration Law (VAL), which was enacted in December 2011 and entered into force in March 2012, the award shall:

Nigeria

29 April 2019

Applicable requirements as to the form of arbitral awards Applicable legislation as to the form of awards 1     Must an award take any particular form (e.g., in writing, signed, dated, place, the need for reasons, delivery)? The primary legislation applicable to arbitration is the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria 2004 (ACA). Section 26 of the ACA states that an arbitral award shall be in writing and signed by the arbitrator or arbitrators, and that if the arbitral tribunal comprises of more than one arbitrator, the signatures of a majority of the members of the arbitral tribunal shall suffice provided the reason for the absence of any signature is stated.