§ 172.118.Termination of Proceedings

How an international arbitration ends, and when the tribunal’s authority runs out.

Two things end an arbitration: the final award, or an order of the tribunal under this section.

The award becomes final on the expiration of the correction period. Section 172.147’s applicable period has to run first.

Three situations require a termination order.

The first is withdrawal of the claim — unless the respondent objects and the tribunal recognises a legitimate interest in obtaining a final settlement of the dispute.

That exception protects a respondent who wants vindication. A claimant who has put a company through an arbitration cannot always walk away and leave the allegation unresolved.

The second is agreement of the parties to terminate.

The third is a finding that continuation is unnecessary or impossible, which covers a case that has become moot or cannot practically proceed.

The tribunal’s mandate ends with the arbitration, subject to Sections 172.147, 172.148 and 172.149.

Those three exceptions keep a limited authority alive — to correct or interpret the award, to make an additional award, and to extend the time for doing either.

Termination and finality are different moments. The arbitration ends with the award, and the award becomes final when the correction period expires.

A termination order needs no award. Where the case ends without a decision on the merits, the tribunal issues an order rather than an award.