Originally from:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - PDF
ARTICLE 28 - CONCLUSIONS
1. When it deems that the case is ready for issuing the final
award, the Arbitral Tribunal shall close the phase for
taking of evidence and invite the parties to file their
conclusions.
2. The Arbitral Tribunal may set a time limit for filing final
statements, for rebuttal statements and may schedule a
final hearing.
3. After the closing of the phase for taking of evidence, the
parties cannot file new claims, plead new facts, submit new
documents or propose the taking of fresh evidence, unless
the Arbitral Tribunal decides otherwise.
4. The above shall also apply where the Arbitral Tribunal
deems it appropriate to issue a partial award, only with
respect to the subject of that award.
1. Summary of Contents
Art. 28 of the Rules deals with the final stage of the proceedings, and
in particular with the range of the Tribunal’s and parties’ activities taking
place between the closing of the phase for taking of evidence and the
deliberation of the final award on the merits.
2. The assessment of the ‘readiness’ of the case for the decision:
different scenarios
According to par. 1 of Art. 28, the Tribunal shall close the phase for
taking of evidence and invite the parties to file their conclusions, when it
deems that the case is ready for issuing the final award.1 Since the
provision does not give any specific indication, nor provide any example,
as to when a case should be deemed ready for the decision, this will be a
case by case evaluation, entirely left to the discretion of the Tribunal.
Also this provision indirectly confirms that the new Rules have “(…)
enlarged the powers of the arbitrators”.
SUMMARY:
1. Summary of Contents
2. The assessment of the ‘readiness’ of the case for the decision: different scenarios –
3. The closing of the proceedings and the formal measures adopted by the Tribunal –
4. The conclusions of the parties
5. The optional filing of further statements
6. The final hearing
7. The discretionary re-opening of the proceedings
8. A quick comparative overview
9. The case of the partial award
ALBERT HENKE is Aggregate Professor of International Investment
Law and Dispute Settlement at Università degli Studi in Milan and
Research Fellow and Lecturer in Civil Procedure at the same University.
He is coordinator for the relations with International Organizations and
member of the committee for the internationalization of the legal
education. He is Senior Associate with Clifford Chance Law Firm (Milan
office), where his main areas of practice are domestic and international
dispute resolution (litigation and arbitration). He has acted both as
counsel and administrative secretary in arbitration proceedings. He has
been Associate Legal Expert at the United Nations Commission for
International Trade Law in Vienna (2005 - 2006). He is the coordinator
of the Arbitration Program of the Summer School on International
Arbitration and Mediation organized by Università degli Studi (Milan).
He is also a member of the editorial staff of the Rivista di Diritto
Processuale and of ArbAut and ASA below 40. Since 2008 he has been
the coach of the team of University of Milan which takes part to the Vis
Moot Competition in Vienna.
