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.
- Read the review of the case by Herbert Smith Freehills.
- See also the review by Twenty Essex.
