Article 41:
a. The arbitral award shall be in writing and shall be signed by the arbitrators. If the arbitral tribunal is composed of more than one arbitrator, the signatures of the majority of the arbitrators shall suffice, provided that the reasons for the non-signing of the minority are stated in the award.
b. The arbitral award shall state the reasons upon which it is based unless otherwise agreed by the two arbitrating parties or unless the law applicable to the arbitral proceedings does not require the mentioning of such reasons.
c. The arbitral award shall include the names and addresses of the parties to the dispute and their addresses, the names of the arbitrators, their addresses, nationalities and capacities, a summary of the arbitration agreement and of the disputant’s claims, sayings and documents, the text of the ruling (award), the date and place it was rendered, and the reasons on which the award is based when the citing of such reasons is mandatory. The award shall (also) determine the arbitrators’ fees, the costs of arbitration and the way of distributing such costs between the parties.
d. If no agreement on the arbitrators’ fees has been concluded between the parties and the arbitrators, such fees shall be determined by a decision of the arbitral tribunal, which may be subject to appeal before the competent court, and the court’s decision in this respect shall be final.
Article 42:
a. The arbitral tribunal shall deliver to each of the two parties a copy of the arbitral award within thirty days of the date of rendering it.
b. The arbitral award may not he published in whole or in part except with the approval of the two parties to arbitration.
Article 43:
If, in the course of arbitral proceeding, a matter outside the scope of the arbitral tribunal’s jurisdiction arises, or if a document submitted to it is challenged for forgery and criminal proceedings in respect of that document or for any other criminal act have been instituted, the arbitral tribunal may continue reviewing the subject of the dispute if it deems that the adjudication on this matter, on the forgery of the document or on the other criminal act is not indispensable for issuing an award on the subject of the dispute. Otherwise, the tribunal shall decide the suspension of the proceedings until a final judgment is issued in this respect, and such decision entails the suspension of the time limit determined for rendering the arbitral award.
Article 44:
a. The arbitral proceedings are terminated in any of the following events:
1- Upon the issuance of the award ending the entire dispute.
2- Upon the issuance of an order ending the arbitral proceedings pursuant to article (33/a) of this law.
3- If the two parties agree on the termination of the arbitral proceedings.
4- If the claimant abandons the dispute submitted to arbitration, unless the arbitral tribunal decides, upon the respondent’s request, that the latter has a genuine interest in the continuation of the arbitral proceedings until the dispute is adjudicated.
5- If the arbitral tribunal finds that the continuation of the arbitral proceedings has for any reason become useless or impossible.
6- Failure to reach the majority required for the issuance of the arbitral award.
Article 45:
a. Either of the two arbitrating party may, within thirty days following the date of receipt of the arbitral award, request the arbitral tribunal to interpret any ambiguity in the text of the award. The party requesting interpretation shall, before submitting the request to the tribunal, send a copy of such request to the other party.
b. The interpretation shall be issued within thirty days following the date on which the request for interpretation was submitted to the arbitral tribunal. The tribunal may extend this period of time for further fifteen days if it deems such extension is necessary.
c. The decision of interpretation is deemed to be a complementary part of the arbitral award and is subject to the rules applicable thereto.
Article 46:
a. The arbitral tribunal shall, by a decision on its own initiative or upon request of a party, correct any material errors in its award, whether clerical or in computation. The decision of correction shall be issued without a hearing within thirty days following the date of rendering the award or of submitting the request for correction, as the case may be.
b. The decision of correction shall be issued by the arbitral tribunal in writing and be notified to the parties within thirty days of the date on which it was issued. If the arbitral tribunal exceeds its authority relating to correction, the decision of the tribunal may be nullified by an action for nullity subject to the rules of this law.
Article 47:
a. Either of the two arbitrating parties may, even after the expiry of the time limit for arbitration, request, within thirty days following the date of receipt of the arbitral award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. Such request shall be notified to the other party before its submission (to the tribunal).
b. The arbitral tribunal shall make the additional award within sixty days from the date on which the request was submitted, and may extend this period of time for other thirty days if it deems such extention necessary. Nullity of Arbitral Award
Article 48:
Arbitral awards rendered in accordance with the provisions of this law may not be challenged by any of the means provided for in the Law of Civil Procedures. However, an action for nullity of the arbitral award may be instituted in accordance with the provisions of Article (49), (50) and (51) of this law.
Article 49:
a. An action for the nullity of the arbitral award shall not be admitted except in any of the following cases:
1: If no valid arbitration agreement (and) in writing exists, or such agreement is terminated because of the expiration of its time limit.
2: If, at the time of concluding the arbitration agreement, either of the two arbitrating parties was (fully) incapacitated or minor pursuant to the law governing his capacity.
3: If either of the two arbitrating parties was unable to present his defence because he was not properly notified of the appointment of an arbitrator or of the arbitral proceedings or for any other reason beyond his control.
4: If the arbitral tribunal excluded the application of the law agreed upon by the parties to govern the subject-matter of the dispute.
5: If the composition of the arbitral tribunal or the appointment of the arbitrators was not in accordance with this law or the agreement of the two parties.
6: If the arbitral award rules on matters not included in the arbitraion agreement or exceeds the scope of such agreement. Nevertheless, if parts of the award relating to matters subjected to arbitraion can be seperated from those not so subjected, then nullity shall apply only to the latter parts.
7: If the arbitral tribunal has not compiled with the conditions of the award in a manner affecting its content, or that the award was based on void arbitral proceedings affecting it.
b. The competent court seized the action for nullity shall, by its own initiative, nullify the award in respect of what is in its content violating public order in the Kingdom(3), or if the subject–matter of the dispute is not capable of being subject to arbitration.
Article 50:
An action for nullity of the arbitral award must be raised within thirty days following the date on which the arbitral award was notified to the party against whom it was rendered; and such action is admissible even if the party invoking nullity had waived his right to do so before the issuance of the arbitral award.
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a. The arbitral award shall be in writing and shall be signed by the arbitrators. If the arbitral tribunal is composed of more than one arbitrator, the signatures of the majority of the arbitrators shall suffice, provided that the reasons for the non-signing of the minority are stated in the award.
b. The arbitral award shall state the reasons upon which it is based unless otherwise agreed by the two arbitrating parties or unless the law applicable to the arbitral proceedings does not require the mentioning of such reasons.
c. The arbitral award shall include the names and addresses of the parties to the dispute and their addresses, the names of the arbitrators, their addresses, nationalities and capacities, a summary of the arbitration agreement and of the disputant’s claims, sayings and documents, the text of the ruling (award), the date and place it was rendered, and the reasons on which the award is based when the citing of such reasons is mandatory. The award shall (also) determine the arbitrators’ fees, the costs of arbitration and the way of distributing such costs between the parties.
d. If no agreement on the arbitrators’ fees has been concluded between the parties and the arbitrators, such fees shall be determined by a decision of the arbitral tribunal, which may be subject to appeal before the competent court, and the court’s decision in this respect shall be final.
Article 42:
a. The arbitral tribunal shall deliver to each of the two parties a copy of the arbitral award within thirty days of the date of rendering it.
b. The arbitral award may not he published in whole or in part except with the approval of the two parties to arbitration.
Article 43:
If, in the course of arbitral proceeding, a matter outside the scope of the arbitral tribunal’s jurisdiction arises, or if a document submitted to it is challenged for forgery and criminal proceedings in respect of that document or for any other criminal act have been instituted, the arbitral tribunal may continue reviewing the subject of the dispute if it deems that the adjudication on this matter, on the forgery of the document or on the other criminal act is not indispensable for issuing an award on the subject of the dispute. Otherwise, the tribunal shall decide the suspension of the proceedings until a final judgment is issued in this respect, and such decision entails the suspension of the time limit determined for rendering the arbitral award.
Article 44:
a. The arbitral proceedings are terminated in any of the following events:
1- Upon the issuance of the award ending the entire dispute.
2- Upon the issuance of an order ending the arbitral proceedings pursuant to article (33/a) of this law.
3- If the two parties agree on the termination of the arbitral proceedings.
4- If the claimant abandons the dispute submitted to arbitration, unless the arbitral tribunal decides, upon the respondent’s request, that the latter has a genuine interest in the continuation of the arbitral proceedings until the dispute is adjudicated.
5- If the arbitral tribunal finds that the continuation of the arbitral proceedings has for any reason become useless or impossible.
6- Failure to reach the majority required for the issuance of the arbitral award.
Article 45:
a. Either of the two arbitrating party may, within thirty days following the date of receipt of the arbitral award, request the arbitral tribunal to interpret any ambiguity in the text of the award. The party requesting interpretation shall, before submitting the request to the tribunal, send a copy of such request to the other party.
b. The interpretation shall be issued within thirty days following the date on which the request for interpretation was submitted to the arbitral tribunal. The tribunal may extend this period of time for further fifteen days if it deems such extension is necessary.
c. The decision of interpretation is deemed to be a complementary part of the arbitral award and is subject to the rules applicable thereto.
Article 46:
a. The arbitral tribunal shall, by a decision on its own initiative or upon request of a party, correct any material errors in its award, whether clerical or in computation. The decision of correction shall be issued without a hearing within thirty days following the date of rendering the award or of submitting the request for correction, as the case may be.
b. The decision of correction shall be issued by the arbitral tribunal in writing and be notified to the parties within thirty days of the date on which it was issued. If the arbitral tribunal exceeds its authority relating to correction, the decision of the tribunal may be nullified by an action for nullity subject to the rules of this law.
Article 47:
a. Either of the two arbitrating parties may, even after the expiry of the time limit for arbitration, request, within thirty days following the date of receipt of the arbitral award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. Such request shall be notified to the other party before its submission (to the tribunal).
b. The arbitral tribunal shall make the additional award within sixty days from the date on which the request was submitted, and may extend this period of time for other thirty days if it deems such extention necessary. Nullity of Arbitral Award
Article 48:
Arbitral awards rendered in accordance with the provisions of this law may not be challenged by any of the means provided for in the Law of Civil Procedures. However, an action for nullity of the arbitral award may be instituted in accordance with the provisions of Article (49), (50) and (51) of this law.
Article 49:
a. An action for the nullity of the arbitral award shall not be admitted except in any of the following cases:
1: If no valid arbitration agreement (and) in writing exists, or such agreement is terminated because of the expiration of its time limit.
2: If, at the time of concluding the arbitration agreement, either of the two arbitrating parties was (fully) incapacitated or minor pursuant to the law governing his capacity.
3: If either of the two arbitrating parties was unable to present his defence because he was not properly notified of the appointment of an arbitrator or of the arbitral proceedings or for any other reason beyond his control.
4: If the arbitral tribunal excluded the application of the law agreed upon by the parties to govern the subject-matter of the dispute.
5: If the composition of the arbitral tribunal or the appointment of the arbitrators was not in accordance with this law or the agreement of the two parties.
6: If the arbitral award rules on matters not included in the arbitraion agreement or exceeds the scope of such agreement. Nevertheless, if parts of the award relating to matters subjected to arbitraion can be seperated from those not so subjected, then nullity shall apply only to the latter parts.
7: If the arbitral tribunal has not compiled with the conditions of the award in a manner affecting its content, or that the award was based on void arbitral proceedings affecting it.
b. The competent court seized the action for nullity shall, by its own initiative, nullify the award in respect of what is in its content violating public order in the Kingdom(3), or if the subject–matter of the dispute is not capable of being subject to arbitration.
Article 50:
An action for nullity of the arbitral award must be raised within thirty days following the date on which the arbitral award was notified to the party against whom it was rendered; and such action is admissible even if the party invoking nullity had waived his right to do so before the issuance of the arbitral award.
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