An
ICC arbitral award is final and as a matter of principle not subject to review.
However, the ICC Rules of Arbitration allow a tribunal to issue an addendum to
correct a material error, interpret ambiguous parts and complete an award where
it has failed to rule on all issues before it, so long as it does not
re-examine the evidence on file or alter its reasoning. The juridical effects
of addenda and their relation with the initial award will vary depending on
whether the addendum is corrective, interpretative or additional, and on the
applicable law.
A comparative analysis of Swiss law, French law and
English law will allow us to distinguish the impacts of a request for addendum
on the delays to set aside the initial award and expose some procedural specificities
of national laws relating to the recourse against the award.