URUGUAY Law and Practice Contributed by: Leonardo Melos, Bergstein Abogados
imperium (ie, coercive powers). Arbitrators are entitled to collect their fees and they have a duty to exercise their analysis independently and impartially. Arbitra - tors’ main duties are to issue their decision within the agreed term and to limit it to the matters subject to arbitration. 7.4 Legal Representatives There are no specific qualifications or requirements for legal representatives to appear in international arbitration. 8. Evidence 8.1 Collection and Submission of Evidence The arbitral tribunal or any of the parties with the prior authorisation of the arbitral tribunal, may request the assistance of a competent local court in the gathering of evidence or enforcing a request for evidence. The court may grant the request in accordance with the applicable rules of evidence. 8.2 Rules of Evidence Given that the parties are free to establish the pro - cedure, this choice also includes rules concerning evidence and its assessment. The same applies to the domestic procedure. As explained in 7.1 Govern- ing Rules , if the parties fail to set the rules of proce - dure, the arbitral tribunal in an international arbitration would establish rules appropriate to the dispute. In domestic arbitrations, if the parties fail to set the rules of procedure, the CPC will apply. However, the set of procedural rules established by the parties or by the international tribunal must respect the due process of law. 8.3 Powers of Compulsion The arbitral tribunal has no compulsion powers regard - ing the production of evidence. The power to com - pel the production of evidence is exercised through the assistance of the local courts within the limits of the local regulations. This means that if a document is requested by the arbitral tribunal but, under local rules, it would be deemed secret or confidential, the local court is likely to refuse to order its production. On the other hand, if a party refuses to co-operate in the production of evidence, the arbitral tribunal may issue
the award on the basis of the evidence already pro - duced (taking into account such lack of co-operation).
9. Confidentiality 9.1 Extent of Confidentiality
The AICA does not regulate confidentiality, so the par - ties are the ones that should establish the confiden - tiality rules applicable to the international arbitration (including disclosure in subsequent proceedings).
10. The Award 10.1 Legal Requirements
The award must be made in writing and in the lan - guage agreed by the parties. To be valid, the award must be signed by the majority of the arbitral tribunal, provided that the reasons for the absence of one or more signatures are set out in the award. The date and place of issuance should be clearly stated. The award should be grounded in applicable law and in the contracts selected by the parties. Parties are free to determine the term in which the arbitral award should be rendered. In the case of local arbitrations, if the parties do not determine the term for the issuance of the award, the term for the issu - ance of the award will be 90 days from the date of the first procedural act of the arbitral tribunal. 10.2 Types of Remedies The limits on the types of remedies an arbitral tribu - nal may impose are determined by the applicable law selected by the parties and the terms and conditions of the contract that gave rise to the dispute. Having said that, local courts are reluctant to award punitive damages in light of the absence of a legal framework for this remedy. 10.3 Recovering Interest and Legal Costs According to Article 34 of the AICA, the parties are free to establish whether legal costs are reimbursed to the winning party. Unless the parties have decided otherwise in the arbitration agreement, the arbitral tri - bunal will allow the winning party to recover the legal
1127 CHAMBERS.COM
Powered by FlippingBook