32Termination of proceedings

32 Termination of proceedings

32 Termination of proceedings

(cf Model Law Art 32)

(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2).

(2) The arbitral tribunal is to issue an order for the termination of the arbitral proceedings when:

(a) the claimant withdraws his or her claim, unless the respondent objects and the arbitral tribunal recognises a legitimate interest on the respondent’s part in obtaining a final settlement of the dispute, or

(b) the parties agree on the termination of the proceedings, or

(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible, or

(d) the arbitral tribunal makes an award under section 25 (2) (a) dismissing the claim.

(3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to sections 33 and 34 (4).