Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

Tribunal delivers an award to Raman Pharma and Delta Chemicals on 1 March. It decided claims A and B but did not deal with claim C, which was presented in the proceedings. The parties have not excluded additional awards. Raman Pharma wishes to seek an additional award on claim C. Which course is correct?

Raman Pharma may, with notice to Delta, request the tribunal within thirty days from receipt of the award to make an additional award on claim C, which was presented but omitted. The parties can agree otherwise, but here nothing excludes it.

  1. ARequest the tribunal, with notice to Delta, within thirty days from receipt of the award, for an additional award on claim CCorrect
  2. BRequest the tribunal within sixty days from the date of the award
  3. CFile a fresh arbitration, since omitted claims cannot be decided by the same tribunal
  4. DRequest the tribunal at any time before the Court sets the award aside

Explanation

Section 33(4) allows a party, with notice to the other and unless otherwise agreed, to request within thirty days from receipt of the award an additional award on claims presented but omitted. The sixty-day figure applies to the time the tribunal has to make the additional award, not to the request.

Did you get it right without looking?

One question tells you little. A timed set on Preparation and Execution of Arbitral Award shows your real accuracy, how long you take and where you lose marks.

Practise Preparation and Execution of Arbitral AwardFree diagnostic mock

More Preparation and Execution of Arbitral Award questions