Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 34 – CORRECTION OF THE AWARD

1. A request for the correction of an award shall be filed with Secretariat within 30 days from receipt of the award.

2. The Arbitral Tribunal shall, after consulting the parties, decide the application within 60 days from receipt of the request.

3. The decision of Arbitral Tribunal accepting the correction shall be an integral part of the award.

4. In any case, no additional cost will be charged to the parties for the correction of an award, unless otherwise agreed by the Chamber of Arbitration.

1. Introduction

1.1. An award may contain clerical or computational errors, and it is widely admitted that arbitrators should have the power, even though they are functus officio, to correct such errors.1 Such powers are, in some jurisdictions, expressly provided by the law.2 They may also be expressly provided by the arbitration agreement, most of the times by reference to the institutional rules adopted by the parties.3 In the absence of an express provision in the lex arbitri or in the arbitration agreement, the source of the arbitrators’ powers may be discussed. Some authors opine that they are implicitly derived, in absence of a contrary provision, from the arbitration agreement, while others consider that they are inherent to the arbitrators’ jurisdictional powers.4