INTRODUCTION

Provisions for an authoritative interpretation of judicial decisions are common in the rules governing international adjudication. Typically, they offer a formal procedure for the interpretation of a judgment or award by the original court or tribunal.

A provision for the interpretation of awards was contained in all drafts leading to the Convention (History, Vol. I, pp. 218–222). The principle was never cast in doubt. Discussions surrounding the draft that eventually matured into Art. 50 concerned mainly the questions whether time limits should be provided for the introduction of a request (see para. 19 infra) and whether there should be provision for a stay of enforcement pending a proceeding for interpretation (see para. 42 infra).

Art. 50 is the first of three Articles in Section 5 of Chapter IV (Arbitration). Section 5 is entitled “Interpretation, Revision and Annulment of the Award”. Curiously, Art. 49(2) dealing with the related post-award measure of supplementation and rectification is located not in this Section but in the previous Section 4 on “The Award”.

Art. 50 deals with disputes between parties to arbitration proceedings relating to the interpretation of the award. It should be distinguished from Art. 64 which deals with disputes between Contracting States concerning the interpretation or application of the Convention.