INFRA PETITA ARBITRAŽNA ODLUKA U MEĐUNARODNOJ TRGOVINSKOJ ARBITRAŽI
INFRA PETITA ARBITRAL AWARD IN INTERNATIONAL COMMERCIAL ARBITRATION

Summary/Abstract: This paper analyzes the concept and legal consequences of an infra petita arbitral award in international commercial arbitration. It aims to determine whether the appropriate remedy for such an award is a request for an additional award, or if an omission by the tribunal may also constitute grounds for annulment. The analysis provides a comparative overview of relevant solutions in different legal systems, focusing particularly on the rules of applicable international conventions, national legislation, and the procedural rules of arbitral institutions. The concluding section summarizes the findings of the research and offers a recommendation for a solution that, in the authors’ opinion, best promotes legal certainty and procedural fairness in the resolution of disputes through international commercial arbitration. The authors confirm the initial hypothesis in the final part of the paper, concluding that the typical legal remedy available to parties in cases of infra petita awards is a request for a additional award, while annulment of such an award remains an exception.

• Details
• Contents