Post-Award remedies have limitations under the ICC Rules. First reason is that the private parties seek to resolve disputes via international arbitration rather than national courts due to final and binding character of arbitral awards.

The Article 35 of ICC Arbitration Rules allows the interpretation and correction of an arbitral award. The corrections can be made either upon the initiative of the Arbitral Tribunal which rendered the award or upon a party’s application. According to ICC Secretariat’s Guide, in order to prevent such remedies becoming a disguised appellate procedure, the scope of these remedies is restricted to clerical, computational, and typographical mistakes.

Procedurally, parties are not allowed to provide new evidence but only evidence that has already been filed. In addition, if the arbitral tribunal finds that the actual intention of parties is a disguised appeal of an award, it may order the party in fault to pay all relevant arbitration fees including the costs incurred by the other parties.

In addition, the time limits make a party’s appeal less feasible, since the application must be done within thirty days from receiving the award. Afterwards, even the Arbitral Tribunal has no right to rectify flaws in its own reasoning.

Regarding the interpretation of an award, the rules are almost the same, except that only parties can require interpretation concerning any part of an award that lacks sufficient clarity. With the intention of maintaining international arbitration’s non-appellate nature, article 35.2 implicitly imposes that an Arbitral Tribunal restrain itself from revising the outcome or reasoning of its award.

Want to know more about post-award remedies under the ICC Rules? If so, get in touch with Aceris Law Llc.

Aceris Law LLC is a leading International Arbitration Law Firm that provides legal representation for commercial, construction and investment arbitrations in all jurisdictions. To learn more, visit https://www.acerislaw.com