Post-Award Remedies - Additional Facility Arbitration (2022 Rules)
Awards are final and binding on the parties to the dispute. They are subject to the limited post-Award remedies provided for in the Additional Facility Arbitration Rules and in the laws of the seat of the arbitration.
The remedies are available only with respect to an Award rendered under Additional Facility Arbitration Rule 70, 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 seat of arbitration.
The remedies under the Additional Facility Arbitration Rules are (Additional Facility Arbitration Rule 72(2)):
- Supplementary Decision
- if a party believes that the Tribunal has omitted to decide a question in the Award
- if a party asks to rectify a clerical, arithmetical or similar error
- if there is a dispute between the parties as to the scope or meaning of the Tribunal’s Award
How to Apply
Within 45 days after the Award is rendered, either party may file a request for supplementary decision, rectification or interpretation of the Award. The request must (Additional Facility Arbitration Rule 72(3)):
- identify the Award
- be signed by each requesting party or its representative and be dated
- for a request for a supplementary decision: the question the Tribunal omitted to decide
- for a request for rectification: any clerical, arithmetical or similar error in the Award
- for a request for interpretation: the points in dispute concerning the meaning or scope of the Award
- be accompanied by proof of payment of a lodging fee of US$10,000 (Additional Facility Arbitration Rule 72(3)(e)).
The Secretary-General will refuse registration of a request received after the 45-day time limit.
As soon as the electronic request is filed and the lodging fee is received, the request is transmitted electronically to the other party. Upon registration, it is transmitted to the Tribunal that rendered the Award. The President of the Tribunal determines the procedure to consider the request in consultation with the other members of the Tribunal and the parties (Additional Facility Arbitration Rule 72(6)).
The Tribunal must render its supplementary decision or its decision on rectification or on interpretation within 60 days after the last submission on the request (Additional Facility Arbitration Rule 72(8)). The decision on the request for supplementary decision, rectification or interpretation becomes part of the Award.
A Tribunal can also rectify any clerical, arithmetical or similar error in the Award on its own initiative within 30 days after rendering the Award (Additional Facility Arbitration Rule 72(1)).