Originally from:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic
ARTICLE 29 – SETTLEMENT AND WITHDRAWAL
The parties or their counsel shall inform the Secretariat that
they withdraw their claims in the event of a settlement or on
other grounds, thereby relieving the Arbitral Tribunal of the
obligation to render an award.
1. The rationale of the provision and its position in the context of
the Arbitration Rules.
1.1. The present provision is inserted at the very end of part IV of the
Arbitration Rules, which is aimed at governing “the Proceedings”. The
choice of this position, which comes just before the beginning of part V
concerning “the Arbitral Award”, is particularly appropriate as it ideally
close indeed the phase of the proceedings and prevents, if the
circumstances occur, the entrance into the phase of the deliberation of
the award. More precisely, the aim of article 29 is exactly to avoid the
entering into the further stage of the rendering of the award and is clearly
inspired by a principle of economy.
The rationale of this provision is based on the assumption of a factual
situation with important juridical implications regarding the
developments of the arbitration. Irrespective of the reasons leading the
parties to withdraw their claims, what is taken as the sole justification by
the Arbitration Rules is that they have resolved to put an end to their
arbitration procedure.
The arbitration will not be suspended by the Secretariat, as it would
be in case the parties fail or refuse to lodge the requested advances,
pursuant to article 38 § 2 of the Arbitration Rules.
In fact, this is a completely different situation whereas, article 38 § 2,
applies in situations where the parties would not provide their impulsion
to the arbitration even though the dispute is still pending. Conversely,
article 29 concern a situation where the parties, without and/or beyond...
SUMMARY:
1. The rationale of the provision and its position in the context of the Arbitration Rules. –
2. The right to withdraw and the obligation to inform. –
3. The determination of a deadline. –
4. Settlement or other grounds for termination of the arbitration in other Rules of
arbitration. –
5. The interruption and termination of the arbitration under
the Italian Civil Procedure Code
MANLIO FRIGO is Full Professor of International and European Law
and of International Contracts and Arbitration Law at the Milan State
University (Università degli Studi di Milano), Department of
International Studies. Member of the Steering Committee of the PhD in
International Economic Law of the Bocconi University, Milan; Member
of the Committee on Cultural Heritage Law of the ILA (International
Law Association). Partner of the Milan based law-firm Giacomini-Frigo-
Martinello since 1988 and active as arbitrator in national and
international commercial disputes. Author of several publications
concerning the applicable law and the linguistic factor in the circulation
of arbitral awards.
