WHO PAYS FOR A S57 DECISION

WHO PAYS FOR A S57 DECISION

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

19 March 2021

ARTICLE #34

S 57 of the Arbitration Act 1996 permits a Tribunal to 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.

Let’s assume you as Chair + 2 wingers have allowed a mistake to slip through the net. It happens. We all know it can happen. We – the arbitrators – are annoyed with ourselves. We missed something. It needs correcting. It involves some work – maybe a little, maybe a lot but it is your mistake. You can’t charge the parties. You do the correction work and you do not charge a fee.

Now a different situation – a lengthy S 57 application runs to 12 pages. You are satisfied that, among the many points made in the application, only one point needs correction

Do you charge? Yes. You have been put to unnecessary work. It has taken time to consider + discuss. You are entitled to charge with a slight discount for the one point that needed correction.

Is this a problem for you?

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