Supplementary awards

Complex issues relating to the ability of the arbitrators to issue a supplementary award where the initial award is not clear were raised in Re PetroChina International (Hong Kong) Corporation Ltd [2011] 4 HKLRD 604. The case is discussed by Edward Yang Liu, Legal Assistant, Reed Smith Richards Butler, Hong Kong.

On 21 September 2009 the China International Economic and Trade Arbitration Commission issued an arbitral award No 0305 [2009] in respect of a dispute regarding the sale of goods between the applicant Shandong Hongri and the respondent PetroChina. The award, which was a final award and was effective on the date when the award was made on 21 September 2009, mainly contained the following two items: (1) Shandong Hongri shall return 3,810.578 tonnes of sulphur to PetroChina; and (2) within 30 days of the date of the award, PetroChina shall return the sum of US$2,953,198, being the payment received for the sulphur to Shandong Hongri.