Kernrechtsfrage
Whether the dispositive of the judgment of 9 June 2009 was unclear, incomplete, or contradictory and had to be clarified to include arbitration award item 5
Extrahierter Entscheid
The dispositive was not unclear or contradictory; the request sought an impermissible substantive modification.
Extrahierte Begründung
Clarification under Art. 129(1) BGG is limited to unclear, incomplete, ambiguous, or internally inconsistent dispositive language, or to contradictions between reasons and dispositive only insofar as needed to understand the operative part. The court had not ruled on the counterclaim item now invoked, because no sufficient jurisdictional objection had been raised; the omission to annul that item was therefore consistent, not erroneous.