English Court Confirms Power of LCIA Tribunal to Correct Award

In Mobile Telecommunications Co KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud and others [2019] EWHC 3109 (Comm), the English Court considered the scope of an arbitral tribunal’s powers to correct an arbitral award under Article 27.1 of the 1998 LCIA Rules.

Prince Hussam applied to set aside an earlier court order which extended the deadline for a correction to an award under s79 of the English Arbitration Act 1996, which enabled the LCIA tribunal to correct the language of a 2015 award in favour of Mobile Telecommunication Co (which provided that MTC was “entitled to payment” from the Prince rather than impose an “explicit obligation” to pay on Prince Hussam). Enforcement of the award in Saudi Arabia had previously been refused on the basis that the Award did not impose an explicit obligation to pay on Prince Hussam. The main question that arose in the application was whether the Tribunal had the power to issue the correction to the Award under Article 27.1 of the LCIA Rules 1998. The Court ultimately held that the Tribunal did have such a power in these circumstances and dismissed Prince Hussam’s application.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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