Section 33: Arbitration and Conciliation Act, 1996
By Nivedita Dhiman
Table of Contents
Introduction of Section 33
Section 33 of the arbitration and conciliation act enables a party to the arbitral proceedings to apply to the arbitral for carrying out corrections or errors, which are clerical or other errors of similar nature occurring in the award within a specified time. The arbitral tribunal under section 33 is empowered to, of its own initiative also, within 30 days of the date of the award make correction of clerical nature.
The parties have been authorised to approach the arbitral tribunal, with a copy to the older party, with a request to correct any clerical error or slip or to clarify remove an ambiguity in the award, within a period of thirty days from the receipt of a signed copy of the award, unless the parties have agreed for a larger period of time.
Section 33 of arbitration and conciliation act
Correction and interpretation of award; additional award
(1) Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties—
(a) a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award;
(b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.
(2) If the arbitral tribunal considers the request made under sub-section (1) to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award.
(3) The arbitral tribunal may correct any error of the type referred to in clause (a) of sub-section (1), on its own initiative, within thirty days from the date of the arbitral award.
(4) Unless otherwise agreed by the parties, a party with notice to the other party, may request, within thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.
(5) If the arbitral tribunal considers the request made under sub-section (4) to be justified, it shall make the additional arbitral award within sixty days from the receipt of such request.
(6) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation or make an additional arbitral award under sub-section (2) or sub-section (5).
(7) Section 31 shall apply to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section.
Landmark Judgements of Section 33
Juggilal Kamlapat v General Fibres Dealers Ltd, AIR 1962
An arbitrator is functus officio after he has made the award; but this only means that no power is left in the arbitrator to make any change in substance in the award that he had made. This sub-section gives power to the arbitrator to correct any clerical mistake or error arising from any accidental slip or omission in the award.
State of Kerala v Joseph Vilangadan, AIR 1990
An arbitrator has no power to correct any clerical mistake or error arising from an accidental slip or omission in an award which has become final by virtue of the judgment of the court. If no such finality is attached to the award, then the arbitrator has the power to correct any mistake or omission in an award, provided the conditions stipulated in this subsection are satisfied.
Mahavir Prasad Mansinghka v Mahendrakumar Mansinghka, 2005
Where the arbitrator supplied the missing page of the award to a party by just forwarding that page to him, it was held that no doubt the arbitrator could have supplied the missing page in view of the provisions of this section, but that could not have been done by merely forwarding that page to the parties and the only way of doing so was to take up proceedings under this section for that purpose.
BR Arora & Associates Pvt Ltd vs Airport Authority of India, 2015
It is true that arbitrators do not have power under this section to correct arithmetical error in the award, the fact remains that the application filed by the petitioners under this section was not entertained by the arbitrator. Held that these are arithmetical errors which ought to have been corrected by the arbitrator in exercise of his power under this section, but which he failed to do. Under such a circumstance, court can set right such an error.
Conclusion of Section 33
The above-mentioned section enables party to seek for correction and interpretation of the award, with notice to the other party, from the arbitral tribunal regarding any computation errors. This section also provides that a party, with notice to the other party and id so agreed by the parties, may request the arbitral tribunal to give an interpretation on a specific point or part of the award whereupon the arbitral tribunal shall give interpretation if the request is found to be justified.
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