Meaning
Mandatory obligation requiring an arbitral tribunal to ensure that an award is enforceable at law. Compliance with icc arbitration rules article 35 requires the presiding officers to consider the legal standards of the place where enforcement is likely to be sought. The rule protects the utility of the proceeding for the prevailing party.
Tribunal Responsibility
Arbitrators must conduct the hearing in a manner that respects the due process rights of both participants. Under icc arbitration rules article 35 the panel reviews the form of the final document to ensure it satisfies all technical requirements for recognition by national courts. This duty extends to the drafting of clear and reasoned conclusions that withstand judicial scrutiny.
Award Integrity
Scrutiny by the secretariat of the court of arbitration supports the objective of creating a legally sound decision. While the tribunal maintains independence, the application of icc arbitration rules article 35 encourages the use of established templates and standard language to avoid ambiguity. Professionalism in the drafting stage prevents the vacating of the award by a local judge.
Legal Finality
Adherence to these procedural norms reduces the risk of long litigation over the validity of the decision. Even when parties disagree with the outcome, the rigor of icc arbitration rules article 35 ensures the process concludes with a binding and executable result. This provision remains a central feature of the institutional framework for international commercial disputes.
