The Delivery of Awards to the Parties

Abstract

THE DELIVERY of awards is as important as any other step of the arbitration process. It has not, however, been studied as much within the arbitration community as other issues. This article discusses the function and the modalities of the delivery of awards, as well as the formalities to be followed whenever the award has to be notified cross-border. Once an award is rendered, it needs to be communicated to the parties to the arbitration. Otherwise the decision would remain a private text, only known to the arbitrators and with no effect for the parties. Indeed, how can parties be bound by an award when they have not been informed of its content?1 As will be discussed further, the delivery of the award can take several forms. It may simply be communicated; it may be formally notified to a party or even served upon it. However, it is not always required that an award is actually delivered to the parties. Under English law, for instance, when parties have agreed in the arbitration clause that the award be ‘made and published’, it suffices that the parties are given notice that the decision is ready to be picked up.2 However most arbitration laws require the award to be delivered to the parties.3 Under the German and Dutch arbitration statutes, for instance, the award should be ‘transmitted’;4 under the Swiss Arbitration Act, it has to be ‘communicated’ to the parties;5 under Belgian law, it has to be ‘notified’.6 The Austrian arbitration statute is even more specific: it specifies that an award should be presented by the arbitral tribunal to the parties in person, sent by mail or served by a public notary. Throughout this article, the term ‘delivery’ will be used in the general sense. ‘Communication’ is …