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Part VI The Award, Ch.24 Post–Award Proceedings

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

A newer edition of The UNCITRAL Arbitration Rules is available. Latest edition (2 ed.)
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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

Among the most important obligations that the arbitral tribunal owes the parties is the rendering of a coherent, accurate, and complete award. Because international arbitration often involves complex claims adjudicated at a quick pace by arbitrators who may not be operating in their native language, ambiguities, mistakes, and omissions can taint the final product—perhaps to the point of compromising the validity of the award. To allow the arbitrators to rectify these problems, Articles 35, 36 and 37 of the UNCITRAL Rules, respectively, grant the arbitral tribunal post-award authority to interpret, correct, and complete an award, if necessary. In so doing, they provide a narrow exception to the basic rule of finality of awards. Articles 35, 36 and 37, however, are not mechanisms by which a party may reargue its case or introduce new arguments or claims for resolution by the arbitral tribunal. In addition to interpretation, correction and completion of an award, this Chapter addresses the debatable subject of an arbitral tribunal's inherent power to revise an award in the event of fraud or corruption.

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