CORRECTION OF AWARD
Section 33 of the Arbitration & Conciliation Act talks about the correction of an arbitral award after having been pronounced. Mistakes that may be made due to a slip of the natural course of things or an omission are allowed to be corrected, under this provision. The error that has to be corrected cannot be related to the merits of the case or an error with regards to the substance of the matter.
In cases where any of the parties require correction of clerical mistakes, typographical errors, or such other mistakes; or seek an interpretation from an issue of the award, they are allowed to do so. They may approach the arbitral tribunal to seek clarification and corrections on the above-mentioned points.
If the parties do not recognize the clerical errors but the tribunal themselves do, then they can suo moto correct the award for the same. The arbitral tribunal, within thirty days, can correct the clerical errors by themselves and send fresh copies of the award, highlighting the corrected portions, to the parties. However, the tribunal does not have the authority to provide interpretation or issue an additional award, by themselves.
This Section provides for the procedure and the prerequisites that either of the parties has to follow for seeking clarification.
The procedure is as follows:
- The parties are allowed to approach the tribunal within a period of 30 days starting from the receipt of the award.
- The party must notify the other party when he decides to seek clarification.
- The application for correction should only request the tribunal to correct any computation errors, any clerical or any typographical errors, or any other errors of similar nature.
- The party moving the application may request the tribunal to give an interpretation of a specific point, issue, or part of the award only if so, agreed by the other party. The consent of the other party is essential in this case.
- The party may request for an additional award on the claims presented in the proceedings but omitted from the arbitral award within a period of thirty days from the receipt of the award. The application for an additional award should be first consented to by the other party.
- If the arbitral tribunal considers and accepts the request, then they may pronounce an additional award within sixty days of the application. The additional award, so provided, shall form a part of the final award.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.