Post-award remedies under the arbitration rules of major arbitral institutions and those of UNCITRAL

Produced in partnership with Jonathan Lim of WilmerHale and Can Yeginsu of 3 Verulam Buildings (3VB)

Practice notes

Post-award remedies under the arbitration rules of major arbitral institutions and those of UNCITRAL

Produced in partnership with Jonathan Lim of WilmerHale and Can Yeginsu of 3 Verulam Buildings (3VB)

Practice notes

This Practice Note considers the limited grounds on which a party to international arbitration proceedings may apply for the correction, review and interpretation of an award to either an arbitral tribunal or arbitral institution under the institutional Arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), Dubai International Arbitration Centre (DIAC), International Centre for Dispute Resolution (ICDR), as well as the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).

This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards before tribunals or arbitral institutions (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration.

Exhausting arbitral processes of appeal or review before challenging or appealing awards in court

By way of example, the Arbitration

Jonathan Lim

WilmerHale

Jonathan Lim is a Senior Associate with WilmerHale in London. He has represented governments and private corporations in commercial and investment arbitrations under all major arbitration rules sited across Africa, Asia, Europe and South America. He has also advised governments in Africa and Asia on a range of public international law issues and the drafting of arbitration legislation. In addition to his practice as counsel, Jonathan has a developing practice as an arbitrator, with appointments as sole and party-appointed arbitrator in proceedings seated in Europe and Asia. Jonathan also co-teaches a course on international arbitration at the National University of Singapore each January. He is listed in Who's Who Legal 2018 as a Future Leader in International Arbitration, and has been described by clients and peers as "a very smart all-round lawyer with a strong work ethic" and “a sure bet as a future global leader.”

Can Yeginsu

Barrister, 3 Verulam Buildings (3VB)

Can Yeginsu is a barrister and arbitrator practising from 3 Verulam Buildings in the areas of commercial and investment treaty arbitration, commercial litigation, civil liberties and human rights, as well as private and public international law.

In the field of international arbitration, Can has been described as “an outstanding advocate with a vast intellect and faultless judgement” (Chambers Global) “fiercely clever but also a true team player; he knows arbitration inside out” (UK Chambers), possessing “serious legal brainpower, accompanied with a deft touch with clients” (Legal 500), and “in a class of his own” (Chambers Global).

Can was awarded “International Arbitration Junior of the Year” by Legal 500 in 2023, having has been shortlisted in that category in 2019, and shortlisted for “Public International Law Junior of the Year” in 2022. In 2023, Can was also shortlisted for International Arbitration Junior of the Year by Chambers & Partners.

Can is Adjunct Professor of Law at Georgetown University Law Center and Koç University Law School, where he teaches investment law and arbitration. He is also Lecturer-in-Law at Columbia Law School where he teaches public international law and Partner Fellow at the Lauterpacht Centre for International Law, University of Cambridge.

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration rules definition

What does Arbitration rules mean?

The procedural rules in accordance with which an arbitration is conducted. The arbitration rules may be found in the arbitration law of the seat of the arbitration and/or any arbitration rules agreed to apply by the parties (such as the arbitration rules of the LCIA or HKIAC).

Post-award remedies under the arbitration rules of major arbitral institutions and those of UNCITRAL

Produced in partnership with Jonathan Lim of WilmerHale and Can Yeginsu of 3 Verulam Buildings (3VB)

Post-award remedies under the arbitration rules of major arbitral institutions and those of UNCITRAL

Produced in partnership with Jonathan Lim of WilmerHale and Can Yeginsu of 3 Verulam Buildings (3VB)