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Part VI The Award, Ch.21 Decisions

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

At end of the day, perhaps most important to the arbitral process are the rules governing how a tribunal's decision is made. Article 31 of the UNCITRAL Rules, the subject of this Chapter, sets forth the basic rules for the degree of consensus required when the arbitral panel decides official matters. Paragraph 1 establishes the general principle that “any award or other decision” is subject to the rule of majority voting. Paragraph 2 provides that the presiding arbitrator may decide procedural matters on his own where a majority opinion cannot be formed or where the members of the tribunal have authorized him to act on behalf of the tribunal. Such decisions on procedure are subject to revision by the tribunal. Although not governed expressly by any provision of the Rules, it is a generally accepted principle of international arbitration that the deliberations of the tribunal shall be kept secret, save for extreme circumstance where disclosure is compelled in the interest of justice.

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