Correct an award so as to remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award (section 57(3)(a)).
Make an additional award in respect of any claim which was presented to the tribunal but was not dealt with in the award (section 57(3)(b)).
Section 69of the AA 1996 provides a procedure for challenging mistaken determinations of law. Section 68provides a procedure for challenging awards affected by serious irregularity, including irregularity caused by mistake or inadvertence on the part of the tribunal.
What was once a mirage on the horizon of the arbitration landscape of the United Arab Emirates (UAE) has now become reality under the UAE Federal Arbitration Law (FAL), which entered into force with effect from 16 June 2018. Following a consistent line of recent case law precedent, there can be no more doubt that the doctrine of apparent authority applies to the formation of arbitration agreements under the FAL and as such relaxes the strict requirement for a special power of attorney in the terms of article 58(2) of the UAE Civil Procedures Code (CPC). That requirement, which used to exist under the former UAE Arbitration Chapter on the basis that arbitration qualifies as an exceptional form of dispute resolution in derogation from the fundamental right to go to court, persists under the FAL in the terms of article 4(1), pursuant to which “on the pain of nullity”, only an original rightsholder or “a representative with a specific authority to arbitrate” is empowered to bind to arbitration.
The Practical Law Arbitration Blog will resume in early January 2021. Until then, from the Practical Law Arbitration team, thank you to all of our contributors for another packed year of excellent commentary, to you for reading. Happy holidays and stay safe all.
2020 may have been many things, but it will not have been forgettable. While the biggest story in the world of arbitration was undoubtedly the impact of theCOVID-19 pandemic, it did not stop major steps being taken to reforminvestor-state dispute settlement (ISDS), significant arbitration decisions being handed down by the English courts and arbitration practitioners having another busy year of bringing and defending claims.
In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove anarbitrator for apparent bias on the facts. However, it also emphasised the importance of arbitrator impartiality in London-seated arbitrations. The judgment addresses the circumstances in which an arbitrator may appear to be biased and the scope of an arbitrator’s duty of disclosure in this context.
On 16 November 2020, the High Court of Singapore rejected an application from the defendant to the litigation for a stay in favour of arbitration. In doing so, the court provided a helpful summary of the court’s analysis when faced with prima facie overlapping dispute resolution clauses in the same or related agreements. On the facts of the case, the court concluded that the parties’ intentions, objectively ascertained, were that, notwithstanding the existence of an arbitration agreement, a separate jurisdiction clause in favour of the Singapore courts operated as an effective carve out for certain defined disputes.
There are two obvious differences between the Brazilian and English disclosure regimes. First, we have no codified duty to disclose in England. We only have grounds upon which a party can challenge the arbitrator, which much be read in the context of the justifiable doubts test from section 24(1)(a) of the English Arbitration Act 1996 (AA 1996). Secondly, when Lord Saville was drafting the AA 1996, which succeeded the English Arbitration Act 1950, he purposely excluded the word “independence”, which appears in article 12 of the Model Law and article 14(1) of the Brazilian Arbitration Act 1996 (Brazilian Act).