Part I Commentary on the ICDR International Rules, 33 Article 33—Interpretation and Correction of the Award

Subject(s):

Time limitations (and jurisdiction) — Arbitrators

This chapter examines Article 33 of the ICDR Rules. As with most other arbitral rules, the ICDR Rules provide a limited opportunity for interpretation or correction of an award and for an additional award to be made on claims presented, but not included within the award. Article 33 provides a strict deadline for any such interpretations, corrections, or additional awards. The rationale behind such a limited review and on such a strict timeline is the concern not to interfere with the parties’ agreement for a fast and final resolution of their dispute. For this reason, arbitrators, courts, and commentators are quick to emphasize the very limited scope of an application under Article 33 or its analogous provisions in other rules. Given the likelihood, however, of at least one party feeling aggrieved by the tribunal’s decision, Article 33 can also be subject to creative attempts to reargue a particular legal, evidential, or procedural point.