Q&As

In what circumstances can an award be clarified or corrected by an arbitrator or tribunal?

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Published on LexisPSL on 29/11/2017

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • In what circumstances can an award be clarified or corrected by an arbitrator or tribunal?
  • Making an application to correct
  • Extension of time to obtain a correction

In what circumstances can an award be clarified or corrected by an arbitrator or tribunal?

Where a party seeks clarification to enforce an award, section 57 of the Arbitration Act 1996 (AA 1996) sets out the circumstances in which an award may be clarified or corrected by an arbitrator or tribunal under the ‘slip rule’ (AA 1996, s 57(3)). The ‘slip rule’ may be used:

  1. to remove any clerical mistake or error arising from an accidental slip or omission or to clarify or remove any ambiguity in the award, or

  2. to make an additional award in respect of any claim (including a claim for interest or costs) which was presented to the tribunal, but was not dealt with in the award

Any correction of an arbitral award will form part of that award (AA 1996, s 57(3)).

The powers of a tribunal to correct an award can be agreed by the parties. It is therefore important to consider whether the parties have made any express agreement on this issue or whether there is any provision within the arbitration rules which may apply to the parties (eg institutional rules). In the absence of any such agreement, AA 1996 provides that an award may be corrected, either by the tribunal on its own initiative or on an application by a party (AA 1996, s 57(1)).

Making an application to correct

It

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