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Saturday, May 14, 2005 1:24:07 PM
"The Court meets four times a month: once in plenary session open to all Court members and three times in Court’s Committee sessions presided by the Chairman of the Court or one of its Vice-Chairmen and also attended by two other Court members. Whilst previous Appendix II identified certain matters which could not be decided in Court’s Committee sessions (challenges of arbitrators, removal of arbitrators alleged not to be fulfilling their functions and approval of draft awards other than those made with the consent of the parties) new Appendix II of the 1998 Rules provides that "...the Court shall determine the decisions that may be taken by a Committee" (Art. 4(5) of Appendix II to the New Rules). In that respect, in its working session of September 29, 1997, the Court issued guidelines whereby Court Committee sessions may decide on any issue falling under the jurisdiction of the Court, including approval of awards, except for recusation, challenge or removal of arbitrators and approval of awards either involving substantial dissenting opinions, matters of particular legal complexity or interest or a state as a party. Decisions approved in a Court’s Committee session are reported to the next plenary session of the Court. As a result of this expansion of the powers of Court’s Committees, substantial time will be saved since in most cases it will no longer be necessary to await a plenary session of the Court for obtaining the approval of an award and having it communicated to the parties once signed and dated by the arbitral tribunal."
http://arbiter.wipo.int/events/conferences/1997/october/grigeranaon.html
Note the word "monitored". We know they get periodic reports, but the question concerning actual "decisions" was answered quite specifically by the NY office.
I may call Paris next week so we can put this to bed.
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