Rule 56 Interlocutory Award
In the course of arbitral proceedings the arbitral tribunal may
make an interlocutory award on partial facts that have been found
definite and clear.
Rule 57 Time Limit for Rendering Award
The arbitral tribunal shall render an arbitral award within four
(4) months (excluding the period of appraisal) as from the date
of the formation of the arbitral tribunal. This period of time may
be extended appropriately in exceptional circumstances upon the
request of the arbitral tribunal and with the approval of the Chairman
of the SZAC.
Rule 58 Principle of Rendering Award
Where an arbitral tribunal is composed of three arbitrators, the
arbitral award shall be made by the opinion of the majority of the
arbitrators. The dissenting opinion of the minority of the arbitrators
shall be recorded in the minutes. Where the arbitral tribunal is
unable to form a majority opinion, the award shall be made by the
opinion of the presiding arbitrator.
Rule 59 Allocation of Fees
1. Arbitration fees shall be borne by the losing party. The arbitral
tribunal, however, may apportion the arbitration fees between the
parties by taking into account of the degrees of fault of the parties
and the outcome of the arbitral award.
2. Upon the parties¥“ request, the arbitral tribunal may decide
in the award that the losing party shall compensate the winning
party for the expenses reasonably incurred by the latter in arbitration.
To determine whether or not the above expenses are reasonable, the
arbitral tribunal shall take into account of such factors as the
outcome of the award, the complexity of the case, the actual workload
of the winning party, the amount of dispute, and the fees charging
schedule of relevant authorities.
Rule 60 Scrutiny of Draft Award
The arbitral tribunal shall submit the draft award to the SZAC
for scrutiny before signing the award. The SZAC may remind the arbitral
tribunal of noticing some issues in the award on condition that
the independence of the arbitral tribunal shall not be affected.
Rule 61 Content of Arbitral Award
1. The acceptance of the case, the claims, the disputed facts,
the grounds on which the award is based, the outcome of the award,
the allocation of arbitration fees and the date on which the award
is made shall be stated in an arbitral award.
2. The disputed facts and the grounds on which the award is based
may not be stated in the arbitral award if the parties have agreed
so.
Rule 62 Signature on Arbitral Award
1. The arbitral award shall be signed by the arbitrator(s) and
affixed the seal of the SZAC.
2. The arbitrator who has a dissenting opinion may or may not sign
his/her name on the arbitral award.
3. If the arbitrator with a dissenting opinion signs on the award,
he/she may request to attach his/her written opinions to the award.
If he/she does not sign on the award, he/she is obliged to give
his/her opinion in writing. The written opinion may be attached
to the award. However it shall not form part of the arbitral award.
Rule 63 Effectiveness of Arbitral Award
1. An arbitral award shall take legal effect as from the date on
which the award is made.
2. The parties shall execute the arbitral award within the time
limit specified therein. Where a party fails to execute the award,
the other party may apply to the competent People¥“s Court for enforcement
in accordance with the law.
Rule 64 Additional Award
1. The arbitral tribunal shall correct any clerical and computation
errors or supplement any omitted matters in the arbitral award on
its own initiative. Within thirty (30) days upon receipt of an arbitral
award, the parties may request the arbitral tribunal for an additional
award on such corrections or supplements. The arbitral tribunal
shall make an additional award accordingly.
2. The additional award shall form a part of the arbitral award
previously rendered.
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