The process of issuing arbitration awards in international commercial disputes and its legal effects

Abstract

International arbitration has developed significantly as one of the leading methods of resolving commercial disputes in the international trade law system. The main goal of the arbitration rules and the expectations of the parties to the dispute in international trade disputes is to reach a decision that the arbitrators make after reviewing the documents and evidence of the case and is reflected in the issued award. This research, based on the Afghan arbitration laws and relevant international documents, examines the process of issuing an arbitration award and its legal effects. The findings of the research, which were conducted using a descriptive-analytical method and using library resources, show that issuing an arbitration award is the final stage of the arbitration process and expresses the outcome of the dispute. Compliance with the basic conditions of the arbitration award, such as being in writing, recording the award, notification to the parties, signatures of the arbitrators, place of issuance and language of the arbitration, play a fundamental role. Arbitration awards include various types, including final awards, partial awards, interim awards and consensual awards.  Also, the issuance of an award is subject to strict formal rules such as the agreement of the parties before issuing the award, the issuance of the award by a single or multiple arbitrators, and the claimant's withdrawal from the case. The legal effects of an arbitration award at the international level include binding force, prohibition of recourse to court, and termination of the arbitration. The arbitrator examines the dispute based on the agreement and contract of the parties and issues an award, which after issuing the award, his or her decision is final, enforceable, and has the value of a final order.