Post-Award Remedies - UNCITRAL Arbitration

Awards are final and binding on the parties to the dispute. They are subject to the post-award remedies of interpretation, correction and additional award provided for in the UNCITRAL Arbitration Rules and review in accordance with the laws of the place of arbitration.

A party can also bring a setting aside application before the local courts of the place of arbitration where applicable.

Interpretation

Either party may request that the Tribunal interpret the scope or meaning of the Tribunal’s award.

How to Apply

Within 30 days after receipt of the award, either party may file, with notice to the other parties, an application for interpretation of the award. The application should:

  • identify the award;
  • indicate the date of the application; and
  • detail the precise points in need of clarification

Procedure

After receipt, the request will be transmitted to the Tribunal that rendered the award. The Tribunal will then generally fix a time limit for the parties to file observations on the request and determine the further procedure.

The decision on interpretation must be rendered within 45 days after receipt of the request and will become part of the award.

Correction

A party may request a decision to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature within 30 days after receipt of the award.  The Tribunal may also make corrections on its own initiative during this time.

How to Apply

Within 30 days after receipt of the award, either party may file a request for correction of the award.  The request should:

  • identify the award;
  • indicate the date of the request; and
  • detail the error that it seeks to correct.

Procedure

As soon as the request is filed, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then usually 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.

Additional Award

If a party believes that the Tribunal has omitted to decide a question in the award, it may request an additional award by the same Tribunal.

How to Apply

Within 30 days after receipt of the termination order or the award, either party may file a request for an additional award from the Tribunal. The request must:

  • identify the award;
  • indicate the date of the request; and
  • detail the question that it believes the Tribunal omitted to decide.

Procedure

As soon as the request is filed, the request is transmitted to the other party and to the Tribunal that rendered the award. The Tribunal then usually 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.

If the arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its award within 60 days after the receipt of the request (if necessary, the Tribunal may extend this time period). The general provisions on awards shall apply to the additional award.