In SC v OE1  HKCFI 2065, the Court considered whether the Tribunal could make corrections to an award under Article 33(1)(a) of the Model Law (adopted in s. 69 of the Arbitration Ordinance, Cap 609) in circumstances where the award failed to address the relief which had been claimed, but which was included in an Addendum issued by the Tribunal.
In proceedings to set aside the award, the Court agreed with the submission that the Tribunal did not have the power to issue an Addendum under Article 33(1)(a) of the Model Law (the “slip rule”), as that was reserved for correcting clerical errors such as mathematical and typographical errors, but held that the corrections could be made by the Tribunal making an additional award under Article 33(3) of the Model Law.
Mayer Brown comment:
“This case provides important guidance to parties in arbitrations seated in Hong Kong who wish to correct or supplement an arbitral award under section 69 of the Ordinance. It confirms that the Model Law, article 33(1)(a) is strictly to be used to correct clerical, typographical errors or computational errors, and little else. In short, the circumstances in which corrections can be made will be narrowly construed. However, it identifies Model Law, article 33(3) as a potentially useful tool for parties who believe that a tribunal has not properly addressed all of its claims in an award, or has omitted from an award relief for claims which have otherwise been dealt with by the tribunal, to enable them to ask the tribunal to make a supplemental award relating to such claims.”
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