Final Means Final: Court Of Appeal Strikes Down Perpetual Amendment Clause
Final Means Final: Court Of Appeal Strikes Down Perpetual Amendment Clause
The English Court of Appeal considered whether an arbitration clause permitting the tribunal to amend its award “at any time” was compatible with the Arbitration Act 1996 (the AA). The Court held that arbitration clauses cannot permit indefinite amendments to awards. Any agreement allowing unlimited changes undermines the very purpose of arbitration: producing final and enforceable awards.... By: A&O Shearman
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