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By Mauricio A. Ottolenghi (auth.)

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Additional info for Arbitrage International Commercial / International Commercial Arbitration: Rapporteur General Pieter Sanders

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Special and expressly given powers are necessary for concluding a private arrangement before the arbitrators, for retiring the case or for giving a receipt of acquittance. V. THE ARBITRAL AWARD 1. General remarks The arbitral award is discussed and fixed by a majority of votes, after which it is put down in writing. If the votes are equal the "tiers arbitre" - if any - is invited to adopt one of the standpoints within 20 days. Apart from the requisite of being written, the award must fulfil the conditions of containing: a) the indication of the parties, b) the indication of the submission, c) a summarized indication of the reasons, d) the decision itself, e) day, year and place of the award and f) the signature of the arbitrators.

La question de savoir si Ie Code Civil abroge ou non les dispositions du Decret 3900 n'a pas encore ete resolue. Une reponse affirmative serait certainement preferable. 3. Bibliographie Alvaro Mendes Pimentel - Da clausula Compromissoria no Direito Brasileiro. J. M. Carvalho Santos - Compromissio, dans 10 Repertorio Enciclopedico do Direito Brasileiro, 174-223. Homero Prates - Clausula Compromissoria, dans 8 Repertorio Enciclopedico do Direito Brasileiro, 290-303. - 4 Codigo Civil Comentado, 195-207.

Others, however, consider the award entirely without results if it has not been filed within the 5 days, according to the law. The duly homologated arbitral award has all the effects of a judgment and can been enforced as a judgment. 39 VI. VOlES DE RECOURS La partie perdante a un droit de recours devant les autorites judiciaires dans les cas suivants: a) si Ie compromis etablit clairement ce droit et b) si Ie compromis est nul et non avenue ou est expire ou si les arbitres ont excede leurs pouvoirs.

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