Challenging arbitral awards for lack of motivation despite upheld interpretation requests

Abstract

Once the arbitration award has been notified, the parties have the right to present the requests provided by article 58 of the Arbitration Law: rectification, interpretation, integration, and exclusion. In the case of problems with the motivation of the award (among them, the lack or absence of motivation), judicial casuistry of arbitration award annulment shows that parties usually request interpretation or integration. Article 63.2 of the Arbitration Law establishes the rejection of the submitted application as a condition for the admissibility of the annulment appeal. A contrario sensu, if the request has been upheld, it is not appropriate to present such an annulment appeal because it is assumed, logically, that the arbitral tribunal has overcome the defect. But what happens if the lack of motivation in the award persists despite the request for interpretation being upheld? Perhaps the appeal for annulment would not proceed due to the literal nature of the legal rule provided in Article 63.2 of the Arbitration Law? This work addresses these questions and presents the solution that judicial casuistry offers on the matter.