Post-Award Remedies - Additional Facility Arbitration
Awards are final and binding on the parties to the dispute. They are subject to the post-award remedies provided for in the Arbitration (Additional Facility) Rules and the laws of the place of arbitration.
The remedies are available only with respect to an award rendered under Article 52 of the Arbitration (Additional Facility) Rules, as opposed to decisions issued by the Tribunal during the course of the proceeding. A party can also bring a set aside application before the local courts of the place of arbitration.
Interpretation
If there is a dispute between the parties as to the scope or meaning of the Tribunal’s award, either party may request interpretation of the award (Article 55 of the Arbitration (Additional Facility) Rules).
How to Apply
Within 45 days after the award is rendered, either party may file an application for interpretation of the meaning and scope of the award. The application should:
  • identify the award;
  • indicate the date of the application;
  • detail the precise points in dispute; and
  • be accompanied by a lodging fee of US$10,000.

Procedure

As soon as the request is filed and the lodging fee is received, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then fixes a time limit for the parties to file observations on the request and determines the further procedure.

The decision on interpretation becomes part of the award.

Correction

A party may request a decision to correct a clerical, arithmetical or similar error within 45 days of the award (Article 56 of the Arbitration (Additional Facility) Rules).  The Tribunal may also make corrections on its own initiative during this time.

How to Apply

Within 45 days after the award is rendered, either party may file a request for correction of the award.  The request should:

  • identify the award;
  • indicate the date of the request;
  • detail the error that it seeks to correct; and
  • be accompanied by a lodging fee of US$10,000.
Procedure
As soon as the request is filed and the lodging fee is received, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then fixes a time limit for the parties to file observations on the request and determines the further procedure. Usually there is no need for the Tribunal to hold a hearing to consider the request.
The decision on the request for correction becomes part of the award.
Supplementary Decisions
If a party believes that the Tribunal has omitted to decide a question in the award, it may request supplementary decisions by the same Tribunal (Article 57 of the Arbitration (Additional Facility) Rules).
How to Apply
Within 45 days after the award is rendered, either party may file a request for supplementary decisions to the award. The request must:
  • identify the award;
  • indicate the date of the request;
  • detail the question that it believes the Tribunal omitted to decide; and
  • be accompanied by a lodging fee of US$10,000.
Procedure
As soon as the request is filed and the lodging fee is received, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then fixes a time limit for the parties to file observations on the request and determines the further procedure.  Usually there is no need for the Tribunal to hold a hearing to consider the request.
The decision on the request for supplementary decisions becomes part of the award.
Other Post-Award Remedies
Other post-award remedies may be available to the parties, depending on the law applicable in the place of arbitration.  Under Article 19 of the Arbitration (Additional Facility) Rules, arbitration proceedings must be held only in States that are parties to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).  Articles V(1)(e) and VI of that Convention recognize that an award to which it applies may be suspended or set aside by a court.
 

Henri C. Alvarez, Setting Aside Additional Facility Awards: the Metalclad Case, in Annulment of ICSID Awards, IAI series on international arbitration n°1 (Emmanuel Gaillard and Yas Banifatemi eds.), Juris / International Arbitration Institute, p. 267 (2004)

 
 

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