1.
The Arbitral Tribunal must render the award
in a time limit of 4 months, which starts
to run from the date of the last signature
of the Terms of Reference or, in the case
referred to in article 24.3, from the date
of notification by the Secretary General
to the Arbitral Tribunal of the approval
of the Terms of Reference by the General
Council.
2. The Secretary General may extend said
time limit if he decides it is necessary
to do so or pursuant to reasoned request
from the Arbitral Tribunal.
Article
32. Making of the Award
1. The
award is given by a majority decision, when
the Arbitral Tribunal is composed of three
arbitrators. If there be no majority, the
chairman of the Arbitral Tribunal shall
render the award alone.
2. The arbitral award shall state the reasons
upon which it is based.
3. The
arbitral award shall be deemed to be made
at the place of the arbitration and on date
stated therein.
Article
33. Award by Consent
If the
parties reach a settlement after the file
has been transmitted to the Arbitral Tribunal,
the settlement shall be recorded in the
form of an arbitral award if so requested
by the parties.
Article
34. Scrutiny of the Award
1. Unless
otherwise provided for by the parties, before
signing any award, the Arbitral Tribunal
shall submit it in draft form to the General
Council. The General Council may lay down
modifications as to the form and, without
affecting the Arbitral Tribunal’s
liberty of decision, may also draw its attention
to points of substance.
2. Unless otherwise provided for by the
parties, the Arbitral Tribunal shall not
sign any arbitral award which has not been
approved by the General Council as to its
form.
Article
35. Notification, Deposit and Enforceability
of the Award
1. The
Secretary General shall notify to the parties
the award signed by the Arbitral Tribunal,
provided always that the deposit to cover
the arbitration expenses has been fully
paid.
2. The Secretary General can make available
certified true copies of the award to the
parties or their representatives but to
no one else.
3. Once the notification referred to in
paragraph 1 of this article has been made,
the parties waive any other form of notification
or deposit on the part of the Arbitral Tribunal.
4. The Secretary General shall keep one
original of each award rendered.
5. Every arbitral award shall be binding
on the parties. By submitting the dispute
to arbitration under the Rules of Arbitration
of the CAM, the parties undertake to carry
out the award rendered without delay, waiving
expressly any appeal or any equivalent form
of recourse.
Article
36. Correction and Interpretation of the
Award
1. On
its own initiative, the Arbitral Tribunal
may correct any clerical or computational
error or any error of similar nature contained
in the award, provided such correction is
submitted to the General Council for approval
within 15 days of the date of such award.
2. Within
15 days of the receipt of the award, a party
may make an application to the Secretary
General to request the Arbitral Tribunal
to make a correction of the kind referred
to in the previous paragraph.
3. The party requesting the correction must
supply a copy of such application to the
Arbitral Tribunal and the other party in
accordance with article 3. The other party
shall have a time limit of 15 days from
the receipt of the application to submit
any comments thereon.
4. If the Arbitral Tribunal decides to correct
or interpret the award, it shall submit
its decision in draft form to the General
Council no later than 15 days following
the expiration of the time limit referred
to in the previous paragraph.
5. The
decision to correct or interpret the award
shall take the form of an addendum to the
award and shall constitute a part of it.
The provisions of articles 32, 34 and 35
of these Rules shall apply to it.
Arbitration Center of Mexico (CAM)
Tecnológico de Monterrey, Campus Santa Fe
Av. Carlos Lazo No. 100, Edificio Aulas 1, Nivel 5,
Col. Santa Fe, México, D.F., C.P. 01389
Tel. (5255) 9177-8198, Fax. (5255) 9177-8199
E-mail: camex@camex.com.mx
The information used in this website must only be considered as a guide and not as an advisory, opinion or criteria of CAM.