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Arbitration (Scotland) Act 2010

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Rule 58 Correcting an award D

This section has no associated Explanatory Notes

58(1)The tribunal may correct an award so as to—

(a)correct a clerical, typographical or other error in the award arising by virtue of accident or omission, or

(b)clarify or remove any ambiguity in the award.

(2)The tribunal may make such a correction—

(a)on its own initiative, or

(b)on an application by any party.

(3)A party making an application under this rule must send a copy of the application to the other party at the same time as the application is made.

(4)Such an application is valid only if made—

(a)within 28 days of the award concerned, or

(b)by such later date as the Outer House or the sheriff may, on an application by the party, specify (with any determination by the Outer House or the sheriff being final).

(5)The tribunal must, before deciding whether to correct an award, give—

(a)where the tribunal proposed the correction, each of the parties,

(b)where a party application is made, the other party,

a reasonable opportunity to make representations about the proposed correction.

(6)A correction may be made under this rule only—

(a)where the tribunal proposed the correction, within 28 days of the award concerned being made, or

(b)where a party application is made, within 28 days of the application being made.

(7)Where a correction affects—

(a)another part of the corrected award, or

(b)any other award made by the tribunal (relating to the substance of the dispute, expenses, interest or any other matter),

the tribunal may make such consequential correction of that other part or award as it considers appropriate.

(8)A corrected award is to be treated as if it was made in its corrected form on the day the award was made.

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