Does the arbitration law prescribe rules for decision making by the arbiters and the form of an award?
The legislation does not establish substantive rules to resolve the substance of the dispute. The parties are free to adopt rules of law, equity, general principles of law, custom and usage or international commercial rules, provided they do not violate public order. The award must contain: 1 – The record of the case, with the names of the parties and a summary of the dispute; 2 – The grounds of the decision, with an analysis of the matters of fact and law, with compulsory mention of the use of equity, if applicable; 3 – The dispositive part, with the decision on the dispute presented and the period for compliance; 4 – The date and place of issue. k. Is the confidentiality of arbitral proceedings and awards protected by law? The law does not provide for the confidentiality of the proceeding or arbitral award. However, since the parties can decide on the rules of procedure, the process normally takes place behind closed doors and awards are not published. The tendency in some cases is t
Related Questions
- If the matter goes all the way to arbitration and an award or decision is issued, can the employee subsequently appeal the arbitrators award, or can the employee subsequently sue the employer ?
- If a case is submitted to arbitration, are the parties entitled to a written decision with reasons supporting the award?
- Does UST Law consider the personal statement and letters of recommendation in the decision to award scholarship?
