Chapter VII
Interpretation, Revision and Annulment of the Award
Rule 50
The Application
(1) An application for the interpretation, revision or annulment of an
award shall be addressed in writing to the Secretary-General and shall:
(a) identify the award to which it relates;
(b) indicate the date of the application;
(c) state in detail:
(i) in an application for interpretation, the precise points in dispute;
(ii) in an application for revision, pursuant to Article 51(1) of
the Convention, the change sought in the award, the discovery of some
fact of such a nature as decisively to affect the award, and evidence
that when the award was rendered that fact was unknown to the Tribunal
and to the applicant, and that the applicant's ignorance of that
fact was not due to negligence;
(iii) in an application for annulment, pursuant to Article 52(1)
of the Convention, the grounds on which it is based. These grounds
are limited to the following:
that the Tribunal was not properly constituted;
that the Tribunal has manifestly exceeded its powers;
that there was corruption on the part of a member of the
Tribunal;
that there has been a serious departure from a fundamental
rule of procedure;
that the award has failed to state the reasons on which it
is based;
(d) be accompanied by the payment of a fee for lodging the application.
(2) Without prejudice to the provisions of paragraph (3), upon receiving
an application and the lodging fee, the Secretary-General shall forthwith:
(a) register the application;
(b) notify the parties of the registration; and
(c) transmit to the other party a copy of the application and of any
accompanying documentation.
(3) The Secretary-General shall refuse to register an application for:
(a) revision, if, in accordance with Article 51(2) of the Convention,
it is not made within 90 days after the discovery of the new fact and
in any event within three years after the date on which the award was
rendered (or any subsequent decision or correction);
(b) annulment, if, in accordance with Article 52(2) of the Convention,
it is not made:
(i) within 120 days after the date on which the award was rendered
(or any subsequent decision or correction) if the application is based
on any of the following grounds:
the Tribunal was not properly constituted;
the Tribunal has manifestly exceeded its powers;
there has been a serious departure from a fundamental
rule of procedure;
the award has failed to state the reasons on which it
is based;
(ii) in the case of corruption on the part of a member of the Tribunal,
within 120 days after discovery thereof, and in any event within three
years after the date on which the award was rendered (or any subsequent
decision or correction).
(4) If the Secretary-General refuses to register an application for revision,
or annulment, he shall forthwith notify the requesting party of his refusal.
Rule 51
Interpretation or Revision: Further Procedures
(1) Upon registration of an application for the interpretation or revision
of an award, the Secretary-General shall forthwith:
(a) transmit to each member of the original Tribunal a copy of the
notice of registration, together with a copy of the application and
of any accompanying documentation; and
(b) request each member of the Tribunal to inform him within a specified
time limit whether that member is willing to take part in the consideration
of the application.
(2) If all members of the Tribunal express their willingness to take
part in the consideration of the application, the Secretary-General shall
so notify the members of the Tribunal and the parties. Upon dispatch of
these notices the Tribunal shall be deemed to be reconstituted.
(3) If the Tribunal cannot be reconstituted in accordance with paragraph
(2), the Secretary-General shall so notify the parties and invite them
to proceed, as soon as possible, to constitute a new Tribunal, including
the same number of arbitrators, and appointed by the same method, as the
original one.
Rule 52
Annulment: Further Procedures
(1) Upon registration of an application for the annulment of an award,
the Secretary-General shall forthwith request the Chairman of the Administrative
Council to appoint an ad hoc Committee in accordance with Article
52(3) of the Convention.
(2) The Committee shall be deemed to be constituted on the date the Secretary-General
notifies the parties that all members have accepted their appointment.
Before or at the first session of the Committee, each member shall sign
a declaration conforming to that set forth in Rule 6(2).
Rule 53
Rules of Procedure
The provisions of these Rules shall apply mutatis mutandis to
any procedure relating to the interpretation, revision or annulment of
an award and to the decision of the Tribunal or Committee.
Rule 54
Stay of Enforcement of the Award
(1) The party applying for the interpretation, revision or annulment
of an award may in its application, and either party may at any time before
the final disposition of the application, request a stay in the enforcement
of part or all of the award to which the application relates. The Tribunal
or Committee shall give priority to the consideration of such a request.
(2) If an application for the revision or annulment of an award contains
a request for a stay of its enforcement, the Secretary-General shall,
together with the notice of registration, inform both parties of the provisional
stay of the award. As soon as the Tribunal or Committee is constituted
it shall, if either party requests, rule within 30 days on whether such
stay should be continued; unless it decides to continue the stay, it shall
automatically be terminated.
(3) If a stay of enforcement has been granted pursuant to paragraph (1)
or continued pursuant to paragraph (2), the Tribunal or Committee may
at any time modify or terminate the stay at the request of either party.
All stays shall automatically terminate on the date on which a final decision
is rendered on the application, except that a Committee granting the partial
annulment of an award may order the temporary stay of enforcement of the
unannulled portion in order to give either party an opportunity to request
any new Tribunal constituted pursuant to Article 52(6) of the Convention
to grant a stay pursuant to Rule 55(3).
(4) A request pursuant to paragraph (1), (2) (second sentence) or (3)
shall specify the circumstances that require the stay or its modification
or termination. A request shall only be granted after the Tribunal or
Committee has given each party an opportunity of presenting its observations.
(5) The Secretary-General shall promptly notify both parties of the stay
of enforcement of any award and of the modification or termination of
such a stay, which shall become effective on the date on which he dispatches
such notification.
Rule 55
Resubmission of Dispute after an Annulment
(1) If a Committee annuls part or all of an award, either party may request
the resubmission of the dispute to a new Tribunal. Such a request shall
be addressed in writing to the Secretary-General and shall:
(a) identify the award to which it relates;
(b) indicate the date of the request;
(c) explain in detail what aspect of the dispute is to be submitted
to the Tribunal; and
(d) be accompanied by a fee for lodging the request.
(2) Upon receipt of the request and of the lodging fee, the Secretary-General
shall forthwith:
(a) register it in the Arbitration Register;
(b) notify both parties of the registration;
(c) transmit to the other party a copy of the request and of any accompanying
documentation; and
(d) invite the parties to proceed, as soon as possible, to constitute
a new Tribunal, including the same number of arbitrators, and appointed
by the same method, as the original one.
(3) If the original award had only been annulled in part, the new Tribunal
shall not reconsider any portion of the award not so annulled. It may,
however, in accordance with the procedures set forth in Rule 54, stay
or continue to stay the enforcement of the unannulled portion of the award
until the date its own award is rendered.
(4) Except as otherwise provided in paragraphs (1)(3), these Rules
shall apply to a proceeding on a resubmitted dispute in the same manner
as if such dispute had been submitted pursuant to the Institution Rules.