Correction of errors in award: scope of power of correction

In Xstrata Coal Queensland Pty Ltd v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd [2016] EWHC 2022 (Comm) an application was made to Knowles J for an extension of time under section 79(3) of the Arbitration Act 1996. That provision, which is rarely used, permits the court to extend time for contractual – as opposed to statutory – applications. The application in the present case was for clarification of an award under article 27 of the Rules of the London Court of International Arbitration, equivalent to the “slip rule” in section 57 of the 1996 Act.

Xstrata : the facts