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Posted: October 13th, 2022
Rectification of an Arbitral Award
You are an attorney at an arbitration conducted under your national arbitration act. The award entered failed to include the date on which the award was entered. Discuss the impact of whether rectification is or is not affected and such impact on the award.
note: 2 paragraphs, 5 lines for each paragraph are enough.
Rectification of an Arbitral Award
The laws of arbitral rectification are complex and depend on the situation. Minor mistakes such as the lack of data entry presented in this study are common (Davies, 2016). Often, parties may choose to ignore obvious or insignificant mistakes such as grammatical errors and mistakes. However, when an error is so significant that it impacts the decision’s outcome, the affected party may request a correction or supplementation. In this case, the lack of inclusion of the date on which the award was entered is a significant error that might not have a significant impact on the outcome (Praya & Meha, 2021). The involved parties are likely to request correction or supplementation. However, this error is insufficient to force another hearing as the tribunal decision was made and should not be affected by such a common error.
In this scenario, it is possible to order rectification as the lack of inclusion of a date is a common mistake. Considering that this arbitral award is not binding, there is a high chance that one party may request for correction of the award to include the date on which the award was entered. However, suppose the parties disagree and request the arbitral award be redone. In that case, they have to consider a set of factors, including whether the arbitration fee is economical for the involved parties. It is also essential to consider that if the correction occurs, it is another opportunity to rehear the issues previously decided upon by the tribunal (Rigozzi, 2010). The correction has to be limited to the specific error, which in this case is the date in which the award was entered. However, the highest probability is that the parties request a correction to avoid the overhead costs resulting in a very insignificant impact on the award.
References
Davies, P. (2016). Rectification Versus Interpretation: The Nature And Scope Of The Equitable Jurisdiction. The Cambridge Law, 75(1), 62-85.
Praya, S., & Meha, T. (2021). Righting a Wrong: The Correction of Arbitral Awards. Indian Journal of Arbitration Law, 9(2), 1-14.
Rigozzi, A. (2010). Challenging Awards of the Court of Sports. Journal of International Dispute Settlements, 1(1), 217-265.
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