حكم التحكيم المؤسسي الإضافي في ضوء نظام التحكيم السعودي وقواعد مراكز التحكيم المحلية والإقليمية والدولية دراسة تحليلية مقارنة تطبيقية الباحث أحمد بن عبد الله بن محمد الجهني

Abstract This study examines the legal regime of the additional award in institutional arbitration under the Saudi Arbitration Law and its Implementing Regulations, in comparison with the rules of local, regional and international arbitration centres. It addresses the concept of the additional award, its legal nature, its substantive and procedural conditions, the procedure for requesting and rendering it, its res judicata effect, and the impact of institutional administration upon it. Adopting an inductive, analytical and comparative method supported by Saudi and comparative case law, the study concludes that the additional award is a full arbitral award rather than a procedural decision; that describing it in certain rules as an "addendum" or "part" of the original award does not negate its relative independence for the purposes of judicial review; that an omission is established by its objective outcome, namely a claim left undecided, rather than by the tribunal's state of mind; that the role of the arbitral institution is administrative and does not extend to deciding the merits of the request; and that the silence of certain institutional rules does not preclude an additional award where the law of the seat permits it. The study recommends amending the rules of those centres that have omitted or incompletely regulated the additional award and expressly addressing multiple applications for an additional award and their effect on the time limit for rendering it. Keywords: Additional Award; Institutional Arbitration; Omitted Claim; Saudi Arbitration Law; Arbitration Centres' Rules; Functus Officio.

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