Cap. 7:15
ARBITRATION ACT
Act 6/1996
CHAPTER VI
MAKING OF AWARD AND TERMINATION OF PROCEEDINGS
ARTICLE 28
Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are
chosen by the parties as applicable to the substance of the dispute. Any designation of the law or
legal system of a given State shall be construed, unless otherwise expressed, as directly referring
to the substantive law of that State and not to its conflict of laws rules.
(2) Failing any designation by the parties, the arbitral tribunal shall apply the law
determined by the conflict of laws rules which it considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the
parties have expressly authorised it to do so.
(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of any
contract and shall take into account any usages of any trade applicable to the transaction.
ARTICLE 29
Decision-making by panel of arbitrators
In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal
shall be made, unless otherwise agreed by the parties, by a majority of all its members.
However, questions of procedure may be decided by a presiding arbitrator, if so authorised by
the parties or all members of the arbitral tribunal.
ARTICLE 30
Settlement
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall
terminate the proceedings and, if requested by the parties and not objected to by the arbitral
tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An award on agreed terms shall be made in accordance with the provisions of article 31
and shall state that it is an award. Such an award has the same status and effect as any other
award on the merits of the case.
ARTICLE 31
Form and contents of award
(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators.
In arbitral proceedings with more than one arbitrator, the signatures of the majority of all
members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature
is stated.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed
that no reasons are to be given or the award is an award on agreed terms under article 30.
(3) The award shall state its date and the place of arbitration as determined in accordance
with article 20 (1). The award shall be deemed to have been made at that place.
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