Постарбитражные полномочия международного коммерческого арбитража

О.Н. Садиков,

доктор юридических наук, профессор

While the finality of international arbitral awards is a well-established principle implying, inter alia, the termination of authority of the arbitral tribunal once the award is rendered, there are instances when such an authority has to be resumed even after the rendition of the award. Such instances are provided for in national arbitration laws. For example, Art. 34(4) of the UNCITRAL Model Law provides that the court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

Article 33 of the UNCITRAL Model Law allows parties to request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical errors or any errors of a similar nature. Equally, the parties may agree on re­questing the arbitral tribunal to give an interpretation of a specific point or part of the award. Likewise, each party may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.

Legal issues related to such authority of the arbitral tribunal referred to as a post-arbitration authority are considered by Prof. O. Sadikov in his article.