100. While a request under Section 98 is pending, the Arbitral Tribunal may continue the
arbitral proceedings and make an Arbitral Award unless:
a) the costs occasioned by proceeding before the ruling of the Supreme Court is
made would unduly prejudice the Parties; or
b) the Parties agree otherwise.
Decision Making by Panel of Arbitrators
101. In arbitral proceedings with more than one arbitrator, any decision of the Arbitral
Tribunal must be made by a majority of all its Members.
102. If there is no majority decision on a matter to be decided, the decision of the chair of the
tribunal is the decision of the tribunal.
103. Notwithstanding Section 101, if authorized by the Parties or all the Members of the
Arbitral Tribunal, questions of procedure may be decided by the chair of the tribunal.
Settlement
104. If, during arbitral proceedings, the Parties settle the Disagreement, the Arbitral Tribunal
must terminate the proceedings and, if requested by the Parties, must record the
settlement in the form of an Arbitral Award on agreed terms.
105. An Arbitral Award on agreed terms:
a) must be made in accordance with Sections 107 to 109;
b) must state that it is an Arbitral Award; and
c) has the same status and effect as any other Arbitral Award on the substance of the
Disagreement.
Form and Content of Arbitral Award
106. An Arbitral Tribunal must make its final award as soon as possible and, in any event, not
later than 60 days after:
a) the hearings have been closed; or
b) the final submission has been made
whichever is the later date.
107. An Arbitral Award must be made in writing, and be signed by the Members of the
Arbitral Tribunal.
108. An Arbitral Award must state the reasons upon which it is based, unless:
a) the Parties have agreed that no reasons are to be given; or
b) the award is an Arbitral Award on agreed terms under Sections 104 and 105.
109. A signed copy of an Arbitral Award must be delivered to all the Parties by the Arbitral
Tribunal.
110. At any time during the arbitral proceedings, an Arbitral Tribunal may make an interim
Arbitral Award on any matter with respect to which it may make a final Arbitral Award.
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