This remedy is available only in respect of awards and is not applicable to other decisions of the tribunal.3 In accordance with Article 52(4) of the ICSID Convention, it is, however, also applicable to decisions on annulment rendered by ad hoc committees under the ICSID Convention.4 This remedy is designed for two types of defects in the arbitral award: (i) “inadvertent omissions”; and (ii) “minor technical errors in the award”.5
II. ICSID Arbitration
The ICSID Convention allows the tribunal (or the ad hoc committee) to decide any question which it had omitted to decide in the award and rectify any clerical, arithmetical or similar error in the award.6 This power needs to be interpreted in light of the “finality of the award.”7 In other words, it should not be construed as permitting a reassessment or re-examination of the issues decided in the award or of the parties’ respective positions.8 Rectification should not become an inappropriate attempt to revise the merits of the tribunal’s underlying decision.9 In particular, supplementation is not appropriate if the parties had not submitted the issue to the tribunal or the ad hoc committee during the proceedings.10
The tribunal may supplement the award or rectify the award only pursuant to a request by a party to the arbitration.13 An ICSID tribunal does not have the power to supplement or rectify the award on its own initiative.14 However, if a party has made a request for rectification of an error, the tribunal has also the power and duty to correct any error that has not been correctly identified by the requesting party in the interest of the correctness of the award.15 A party must request the tribunal to rectify or supplement the award within 45 days after the date on which the award was rendered.16
The tribunal’s decision on a party’s request to rectify or supplement the award will become part of the award.17 The time limits for the revision or the annulment of the award (Articles 51(2) and 52(2) of the ICSID Convention, respectively) run only from the date of the tribunal’s supplemental or rectified decision.18
III. UNCITRAL Arbitration
The tribunal may correct the award pursuant to a request by a party to the arbitration.23 A party must request the tribunal to correct the award within 30 days after the receipt of the award.24 In addition, an UNCITRAL tribunal may make corrections to the award on its own initiative within 30 days after the communication of the award.25
Hyder Ali, A. and Others, The International Arbitration Rulebook: A Guide to Arbitral Regimes, 2019, pp. 575-588.
Croft, C. and Others, A Guide to the UNCITRAL Arbitration Rules, 2013, pp. 415-418.
Caron, D.D. and Caplan, L.M., The UNCITRAL Arbitration Rules: A Commentary, 2nd ed., 2013, pp. 811-820.
Schreuer, C.H. and Others, The ICSID Convention: A Commentary, 2009, pp. 849-864.
Schreuer, C.H., Article 49, ICSID Review - Foreign Investment Law Journal, 1998, pp. 298-326.
Vollmer, A.N., and Bedford, A.J., Post-Award Arbitral Proceedings, Journal of International Arbitration, 1998, pp. 37-41.
Isaacs, S., Life after Death: The Arbitral Tribunal's Role Following Its Final Award, in Kaplan, N. and Moser, M.J. (eds.), Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles, 2018, pp. 360-368.
Waincymer, J.M., Procedure and Evidence in International Arbitration, 1st ed., 2012, pp. 1330-1337, 1344-1345.
Paulsson, J. and Petrochilos, G., UNCITRAL Arbitration, 2017, pp. 345-351.
Blackaby, N. and Others, Redfern and Hunter on International Arbitration, 6th ed., 2015, pp. 565-566.
Castello, J., UNCITRAL Arbitration Rules, Section IV, Article 38 [Correction of the award], in Mistelis, L.A. (ed.), Concise International Arbitration, 2nd ed., 2015, pp. 257-258.
Lalonde, M., The Post-arbitral Phase in North America and Western Europe, in van den Berg, A.J. (ed.), International Arbitration in a Changing World, 1994, pp. 128-135.
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