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Correction and Interpretation of Arbitral Awards and Additional Awards - Chapter 2 - Post Award Issues: ASA Special Series No. 38

Author(s): 
Maria Hauser-Morel
Jan Heiner Nedden
Page Count: 
24 pages
Media Description: 
PDF from "Post Award Issues: ASA Special Series No. 38"
Published: 
December, 2011
Jurisdictions: 
International
Practice Areas: 
Arbitral Awards,
Relief and Remedies in General,
Interpretation of the Award,
ICC
Author Detail: 

Maria HAUSER-MOREL is an Associate in the Arbitration Group at Salans in Paris. Prior to joining Salans, she was Deputy Counsel at the Secretariat of the ICC International Court of Arbitration, in the team responsible for the administrating cases originating mainly from Austria, Germany, Poland and Switzerland. Ms. Hauser-Morel is a Member of the ICC Commission on Arbitration. She is a Polish qualified lawyer, holds a doctorate of law from the Wroclaw (Poland) University and a Master of European and International Business Law at the University of Saint Gallen. Ms. Hauser-MOorel speaks Polish (native), English and French.

Jan Heiner NEDDEN is a Partner at Hanefeld Rechtsanwälte (www.hanefeld-legal.com) in Hamburg as of November 2011. He was formerly appointed Deputy Counsel at the Secretariat of the ICC International Court of Arbitration in 2004 and Counsel in 2006. In this capacity, he headed the team in charge of cases mainly involving parties from Germany, Austria, Switzerland and Poland. In addition to the day-to-day case management of arbitrations relating to many different subject matters, industries and applicable laws, he scrutinized some five hundred awards. Mr. Nedden studied law in Germany and Canada and is a trained Mediator. He is admitted to the bar in Germany and speaks German, English and French.

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Description: 

Originally from Post Award Issues: ASA Special Series No. 38

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1. Introduction

An arbitral award is final and once the arbitral tribunal has signed it and the parties have received it, the arbitral tribunal’s mission with respect to the issues decided in the award comes to an end. However, the arbitral tribunal may still have to deal with an application to correct or interpret the award, or may need to render an additional award. These are the only instances of “review” of the award which are in the hands of the arbitral tribunal (others are reserved for state courts).

It is certainly not a satisfactory end of arbitral proceedings: a party that had, possibly after long and intense proceedings, hoped for a well drafted, reasoned and easily enforceable award will not be pleased to receive an award containing mistakes and unclear orders susceptible to cause difficulties in the award’s enforcement. An arbitral tribunal, on the other hand, will usually have undergone quite some effort to issue the award, and it then comes as an unpleasant surprise if the proceedings have yet to go into another round.

This chapter discusses practical issues related to correction and interpretation of arbitral awards and additional awards, mainly from the perspective of the ICC International Court of Arbitration (the “ICC Court”) and the ICC Rules of Arbitration in force as from 1 January 1998 (the “ICC Rules”).1 Examples, mainly from ICC cases, will illustrate typical problems that arbitral tribunals have to tackle when dealing with applications for correction and interpretation or for additional awards. Practical guidance will also be given as to how an arbitral tribunal may deal best and most efficiently with a request to correct or interpret its award, or to render an additional award. Finally, the practice of the ICC Court and its Secretariat with respect to additional costs related to applications for correction or interpretation will be presented.