Introduction – Award scrutiny by arbitration institutions
The rules of certain arbitration institutions provide that awards will not be final unless they receive institutional approval following a review focusing on form or substance. The quintessential expression of this approach is the International Chamber of Commerce’s award scrutiny procedure. The ICC takes pride in what is presented as a distinctive quality control mechanism with considerable added value.
The ICC is not the only arbitration institution that reviews draft awards before they will be notified to the parties; other institutions have chosen to follow its example.
In contrast, many other arbitration institutions – such as CEPANI, which revised its rules under Professor Michel FLAMÉE’s presidency – do not proceed in the same manner, either because they have deliberately chosen to leave full responsibility for the award with the arbitral tribunal, or because they do not have, or do not want to have, the resources required.
In the context of an ICC arbitration the award scrutiny is governed by article 33 of the ICC Rules of Arbitration :
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Reactie van Michel Flamée: Reactie op de bijdrage van Peter Callens
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