Absence of the Dissenting Arbitrator’s Signature and its Effect on the Validity of the Arbitration Award
Abstract
Refusal to sign the arbitration award is considered as one of the procedural controversies
engendered by dissenting minority arbitrators. This happens when the arbitral tribunal is made up
of more than one arbitrator. The dissenting arbitrator aims, thereby, at questioning the validity
of the decision and therefore facilitating the annulment of the decision by the losing party.
However, the absence of signature may be due to another legitimate reason: involuntary; namely in
case of the arbitrator being taken ill, or voluntary; namely in case of the arbitrator’s absence from
the deliberations or proceedings.
National laws on arbitration as well as the arbitration rules set by arbitration centers or
institutions, in varying degrees, require the signature of all the tribunal members. The Qatari
Legislator- under the old regime only required the majority’s signature. Nevertheless, an adjustment
of this position has been made in the new Qatari Arbitration Law, Act 2 of 2017. According to this
Law, the signature of the majority of the tribunal is deemed to be sufficient, but no reason for the
absence of the minority’s signature is required according to Article 31/1. This is based on the
UNCITRAL Model Law. Consequently, we may ask this question: is the award binding? Who has to
provide the reasons for the absence of the minority signature? What is the consequence for the
absence of reasons? Through exploring the motive behind not signing the arbitration award by the arbitration minority, this paper aims at answering the above-mentioned questions in the light of the views
evoked in the jurisprudence and comparative law literature.
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- 2017 - Volume 2017 - Issue 2 [11 items ]
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