AA 1996—inadequate award—additional award (s 57)
AA 1996—inadequate award—additional award (s 57)

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • AA 1996—inadequate award—additional award (s 57)
  • Why would an additional award be needed?
  • Applying for an additional award
  • Responding to an application for an additional award
  • Outcome of the application

Why would an additional award be needed?

If the tribunal had failed to deal with one or more claims in the arbitration (eg a claim for interest or costs) then the parties may apply for an additional award dealing with such specific claims under section 57(3)(b) of the Arbitration Act 1996 (AA 1996). The word 'claim' is not the same as an 'issue' (as used in AA 1996, s 68(2)(d)). 'Claim' is narrower than 'issue'; a claim may give rise to a number of issues or the claim may be just one issue (Torch Offshore LLC v Cable Shipping).

AA 1996, s 57(3)(b) is used only to address entire claims that have not been dealt with. This will usually require some analysis of the arbitral award to see whether the claim was dealt with. In Cadogan Maritime v Turner Shipping, the court warned against an 'unduly narrow and technical construction of the claims being made', commenting that: ‘this was an arbitration rather than court proceedings. Arbitration is rightly a less formal process and concentrates on substance rather than form’.

Ambiguities or errors in an award are dealt with by AA 1996, s 57(3)(a)—see Practice Note: AA 1996—inadequate awar