AZERBAIJAN Law and Practice Contributed by: Parviz Huseynov, GRATA International, Azerbaijan
resort, the witness may be brought before the court by force to appear before the court. No comparable powers are vested in arbitral tribunals.
award, and the dissenting opinion is appended to the arbitration file. As a general rule, an arbitral award must contain the reasons upon which it is based. An exception applies where the parties have agreed that no reasons are to be given or where the award records the terms of a settlement reached by the parties. The award must also indicate the date on which it was rendered and the place of arbitration, the latter being deemed to be the place where the award was made. Unless otherwise provided by the arbitration agreement or the Law on Arbitration, an arbitral award becomes legally binding on the date it is rendered. The Arbitration Rules of the Baku Arbitration Centre also establish specific time limits for the preparation of arbitral awards. Within 30 days of the submission of the final oral or written submission directed by the arbitral tribunal, the tribunal is required to notify both the parties and the Secretariat of the Baku Arbitra - tion Centre of the estimated timeframe within which it expects to submit its draft award. Unless the Arbitra - tion Commission determines otherwise, the arbitral tribunal must submit the draft award to the Secretariat no later than 90 days from the date of the final oral or written submission in the proceedings to which the award relates. 10.2 Types of Remedies No specific restrictions are imposed under Azerbaijani arbitration legislation on the types of remedies that may be awarded by an arbitral tribunal. 10.3 Recovering Interest and Legal Costs Unless otherwise provided in the arbitration agree - ment or agreed by the parties, the allocation of such costs is subject to the following rules: • the arbitral tribunal may determine the amount of the arbitration fees and other arbitration costs, decide the manner in which they are to be allo - cated, and apportion the tribunal’s costs between the parties; • the arbitral tribunal may order one party to reim - burse the other party for all or part of the costs incurred; and
9. Confidentiality 9.1 Extent of Confidentiality
The Law on Arbitration does not address the issue of confidentiality. In practice, this gap is addressed by the Arbitration Rules of the Baku Arbitration Centre, which establish confidentiality as the default position, subject to any agreement of the parties to the con - trary. The duty of confidentiality extends to the parties and their representatives, witnesses, experts, third-party funders, members of the arbitral tribunal and emer- gency arbitrators, any person appointed by the arbitral tribunal (including the tribunal secretary), as well as the Baku Arbitration Centre itself. It covers the exist - ence of the arbitration, all pleadings, evidence, sub - missions, correspondence exchanged in the course of the proceedings, and any award, decision or order rendered by the arbitral tribunal, except where disclo - sure is required or necessary: • to protect or pursue a legal right or claim; • to enforce or challenge an award in legal proceed - ings before a state court; or • pursuant to an order by the arbitral tribunal on application by a party with proper notice to the parties.
10. The Award 10.1 Legal Requirements
The Law on Arbitration prescribes a number of formal requirements applicable to arbitral awards. An award must be made in writing and signed by the arbitrator or arbitrators. Where the arbitral tribunal consists of more than one arbitrator, the signatures of the majority of the tribunal are sufficient, provided that the reason for any omitted signature is stated in the award. If an arbitrator refuses to sign the award or delivers a dissenting opinion, this must also be recorded in the
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