Some ExamplesFrom ChatGPT
Here are some notable examples where rectification proceedings or similar mechanisms have led to significant changes in arbitral awards:
1. **Occidental Petroleum Corporation v. Ecuador (ICSID Case No. ARB/06/11)**:
- In this case, the tribunal initially awarded Occidental Petroleum $1.77 billion in damages. However, Ecuador requested a rectification, arguing that the tribunal had made an error in calculating the damages. The tribunal agreed and reduced the award to $1.06 billion. This demonstrates how rectification can lead to substantial changes in the financial outcome of a case.
2. **CMS Gas Transmission Company v. Argentina (ICSID Case No. ARB/01/8)**:
- Argentina sought rectification of the award, claiming that the tribunal had made errors in its reasoning. While the rectification proceeding did not overturn the substantive decision, it clarified certain aspects of the award, which had implications for its enforcement.
3. **Enron Corporation and Ponderosa Assets, L.P. v. Argentina (ICSID Case No. ARB/01/3)**:
- In this case, Argentina requested rectification of the award, arguing that the tribunal had miscalculated damages. The tribunal acknowledged the error and adjusted the award accordingly.
These examples show that while rectification proceedings are typically limited in scope, they can lead to significant adjustments in awards, particularly in cases involving calculation errors or ambiguities. However, overturning a no-damages ruling, as in Eco Oro's case, would require demonstrating a clear and material error that directly impacted the tribunal's decision.