Remission of an award

The effect of a successful challenge

Under s68(2)(f) of the Arbitration Act 1996, the court is permitted to remit an award to the arbitrator to correct any uncertainty or ambiguity in the award. This subsection may be used where the award is in a form that prevents its enforcement, and the court can simply remit the award so that any problem with it can be removed. The issue in Carter (t/a Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd , 14 June 2004, unreported, an appeal from the Jamaican Court of Appeal to the Privy Council and based on provisions equivalent to the English Arbitration Act 1889, was whether the remission of an award in this manner has the effect of annulling the award and requiring the arbitrator to issue a fresh award, or whether the original award remains valid and the arbitrator may go no further than amending those aspects of the award that render it unenforceable. The Privy Council has opted for the latter approach.