Olivier Marquais has published a new article in the Revue de l’Arbitrage, one of the oldest and most highly-esteemed French journals focusing on international arbitration. An ICC arbitral award is final and as a matter of principle not subject to review. However, Article 35 of the ICC Rules of Arbitration allows a tribunal to issue an addendum to correct a material error, to interpret ambiguous parts of the award, or to complete an award where it has failed to rule on all issues before it, so long as it does not re-examine the evidence on file or alter its reasoning.
This is provided for in Article 35 of the ICC Rules, which is entitled the Correction and Interpretation of the Award; Remission of Awards. The juridical effects of addenda and their relation with the initial award will vary depending on whether the addendum is corrective, interpretative or additional, and on the basis of the applicable law.
This comparative analysis of Swiss law, French law and English law shows the impact of a request for addendum on the delays to set aside the initial award while exposing procedural differences of national laws relating to recourse against the award. Below you may find a short extract of the article. Please do not hesitate to contact Mr. Marquais to request a complimentary paper copy of the article concerning Article 35 of the ICC Rules.
