Amendment and Challenge of the Award and Liability of Arbitrators - Chapter 6 - Arbitration Law of Australia: Practice and Procedure
Alex Baykitch is a Partner at King & Wood Mallesons in Sydney, Australia where his practices focuses on litigation & dispute resolution and international arbitration. Alex has over 20 years’ experience in the area of cross border litigation and international arbitration. Described by Chambers Global as "fast rising and energetic [lawyer]. . .who has developed into one of Australia's strongest arbitration counsel", Alex has particular experience of dispute in major construction, engineering and infrastructure.
Alex is consistently listed as a leading individual in legal directories, for his expertise in cross border litigation and international arbitration, and sits as sole and party appointed arbitrator as well as chairman of arbitral tribunals conducted under the ICC, LCIA, KLRCA, and UNCITRAL Rules. Alex is a Member of the Australian Government's Delegation to UNCITRAL's Working Group on Arbitration. He is also an Australian Delegate to the ICC Arbitration Commission and served on the Commission's Task Force on the New York Convention. Until recently, Alex was the Vice-President of the Australian Centre for International Commercial Arbitration (ACICA) and is a fellow of ACICA.
He is also a Member of the Arbitration panels of the ICC International Court of Arbitration, Singapore International Arbitration Centre, China Maritime Arbitration Commission, the Korean Commercial Arbitration Board and ACICA.
He has presented at numerous conferences and written on various topics in relation to international arbitration and is a co-author for the Australian chapter of World Arbitration Reporter.
Professor Doug Jones AO is a Sydney-based Partner in the Australian law firm of Clayton Utz where he heads the International Arbitration and Major Projects Groups of the firm. Doug is a door tenant at Atkin Chambers, London.
His experience includes acting as Arbitrator and Counsel in major international arbitrations, and advising on major projects in the areas of buildings, road and rail infrastructure, power, potable and waste water, mining infrastructure and processing, and on and offshore oil and gas. Doug sits as an international commercial and investor / state arbitrator.
Details of his arbitration experience can be found at www.dougjones.info.
Doug is currently President of the Australian Centre for International Commercial Arbitration, past President of the Chartered Institute of Arbitrators, London (2011), and a Member of the LCIA Court. He is an Australian Government nominee on the ICSID panel of arbitrators and a foundation fellow and graded arbitrator of the Institute of Arbitrators & Mediators Australia, Fellow, Arbitrators and Mediators Institute of New Zealand, President, Dispute Review Board Foundation Australia, member of the ICC Australia Arbitration Committee, and a member of a number of panels of International Arbitral bodies. In January 1999 Doug was made a Member of the Order of Australia in recognition of his services to construction law and dispute resolution, and in June 2012 Doug Jones was made an Officer of the Order of Australia, for distinguished service to the law as a leader in the areas of arbitration and alternative dispute resolution, to policy reform, and to national and international professional organisations.
He is Co-Editor in Chief of the International Construction Law Review and Editorial Board Member of International Trade and Business Law Review, India Business Law Journal and Global Arbitration Review. He is International correspondent for Australia of the Romanian Review of Arbitration. He lectures, and authors articles for publication, within Australia and internationally.
His expertise in International Arbitration and Construction has regularly been recognised by his peers.
Doug Jones has been described as "a phenomenon" and "the statesman of the industry" by Chambers Asia Pacific (2012).
The International Who's Who of Commercial Arbitration 2011 names Doug Jones as one of the Leaders Worldwide and is one of only three highly recommended individuals in Australia. It notes that "Doug Jones at Clayton Utz is held in the highest esteem".
AMENDMENT AND CHALLENGE OF THE AWARD AND LIABILITY OF ARBITRATORS
6.1 AMENDMENT, CORRECTION OR INTERPRETATION OF THE AWARD
Article 33 of the Model Law allows parties to request corrections and interpretations of issued awards and to make and additional awards addressing claims presented to the tribunal but omitted from an award. Article 33.1 provides that a party, with notice to other parties, may request the arbitral tribunal to correct an award in respect of computation, clerical or typographical errors or any errors of similar nature within thirty days of receipt of the award, or another agreed time frame.1 Provided parties agree, a party may also, with notice to other parties, request the tribunal to give an interpretation of a specific point or part of the award within 30 days of receiving an award or other agreed time frame.2 If the arbitral tribunal considers such a request as justified, it shall make the correction or interpretation within thirty days of receipt of the request.3 In addition, the arbitral tribunal may correct any of the abovementioned errors on its own initiative within thirty days of the date of the award.4
Unless otherwise agreed by the parties, a party, with notice to the other party, may also request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.5 If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days.
CHAPTER 6 - AMENDMENT AND CHALLENGE OF THE AWARD AND LIABILITY OF ARBITRATORS
6.1 Amendment, Correction or Interpretation of the Award
6.2 Appeal on the Merits
6.2.1 Admissibility and Procedure of an Appeal on the Merits
6.3 Setting Aside the Award
6.3.1 Reasons for Setting Aside the Award
6.3.2 Procedure and Deadlines for Challenging an Award
6.3.3 Effect of a Court Decision Which Sets the Award Aside
6.3.4 Appeal against the Courts Decisions to Set Aside or Not Set Aside the Award
6.4 Liability of Arbitrators
6.4.1 Duties and Liabilities of Arbitrators regarding the Conduct of the Proceeding