Application to Tribunal under Article 27(1) of the LCIA Rules
In January 2020, the Doglemor parties made an application to the tribunal under Article 27(1) of the LCIA Rules requesting that the tribunal correct its mistake.
Under Rule 27(1) of the LCIA Rules, a party may request that an arbitral tribunal correct “any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature” in an award.
In its response, the tribunal conceded that it had made such an error and acknowledged that the Agreed Model contained an express instruction in respect of the historic tax liabilities to “enter a negative value” which the tribunal had mistakenly overlooked.