Additional arbitral award | Arbitration Q&A by Hesham Elrafei FCIarb

 Additional arbitral award 

What should the party do to and What s the deadline for a party to ask the tribunal to make an award or an additional award as to claims presented in the proceedings but not decided by the tribunal? 

A party presented some claims to the tribunal during the proceedings but the tribunal decided that the arbitration is over and did not decide on those claims. 

Once receiving an award, or termination order, a party has 30 days to request the tribunal to make an award or an additional award as to claims presented in the proceedings but not decided by the tribunal, after informing the other parties. 

What's the deadline for the tribunal to reply to a request for an award or additional award?

Once the tribunal receives the party’s request for an award or additional award, the tribunal has 60 days to render or complete its award, If the tribunal considers that the request for an award or additional award is justified.

The tribunal can extend the 60 days deadline within which it shall make the additional award.

What should be included in the additional award?

When such an award or additional award is made, general requirements for awards should apply as follow:

• In writing

• final 

• binding on the parties. 

• Signed by the arbitrators and the reason for an arbitrator's failure to sign if any. 

• Private

• Dated 

• Place of arbitration. 

• Reasons unless the parties agreed otherwise.

• Communicated to the parties