Additional Award in International Arbitration

Additional Award in International Arbitration
 
Making an additional award on the own initiative of the arbitral award
Where, after a final award has been made, the arbitral tribunal discovers that any claim was presented in the proceedings but omitted from the final award, it should render an additional award on its own initiative within a reasonable time period after the final award was made.
 
Making an additional award at the request of a disputing party
Where, after a final award has been made, either disputing party finds that any claim was presented in the proceedings but omitted from the final award, such party may file a request for an additional award within thirty (30) days from the date when the final award was received.
The arbitral tribunal shall promptly review the case upon receipt of such a request. If the request is found to be grounded, the arbitral tribunal shall render an additional award within the time period specified in the applicable arbitration rules. Generally, the time period for making an additional award is thirty (30) days from the date of receipt of such a request under the arbitration rules of most of the international arbitration commissions in Mainland China, such as CIETAC, SHIAC, SCIA, and SHIAC FTZ, etc.
If the arbitral tribunal finds that the request is ungrounded, it shall make a decision to reject the request and notify the requesting party accordingly.
 
Integral part
Any such additional award made after a final award has been made constitutes an integral part of and is equally enforceable as the final award.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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