Section 33 of the Arbitration and Conciliation Act 1996 allows the parties in arbitration to request corrections, interpretations, and additional awards. The object of this section is to address any ambiguity or error of the award without judicial intervention. Section 33 of the act provides a right to the parties to have an accurate and comprehensive award free from any error that may arise from computational or typographical mistakes.
Section 33 of the Arbitration and Conciliation Act
Section 33 of the Arbitration and Conciliation Act, 1996 provides the following:
Section 33 (1)(a): Correction of Errors
According to this subsection, any party to the arbitration can request correction of errors in the award within thirty (30) days of passing the final arbitral award, unless the parties agree to a different timeframe. The types of errors that could be corrected are:
Computational errors: mistakes in calculating sums or figures.
Clerical errors: Basic administrative or clerical errors that may have occurred while drafting the award.
Typographical errors: spelling, grammatical, or punctuation mistakes that do not affect the substance of the award.
Section 33(1)(b): Interpretation of the Award
A party may request an interpretation of a specific part of the award if both parties agree. This request, like the correction request, must also be submitted within thirty days. The purpose of this provision is to clarify any ambiguous language or terms in the award, ensuring that both parties understand the arbitrator’s decision. If the tribunal finds the request justified, it will provide the necessary interpretation, which will then become part of the final arbitral award.
Section 33(3): The Tribunal’s Own Initiative to Correct Errors
Beyond requests from parties, Section 33(3) permits the arbitral tribunal to correct any errors in the award on its own initiative. The tribunal can take this action within thirty days of issuing the award, ensuring that all aspects of the award are accurate and free from minor mistakes.
Section 33(4):Additional Award
Section 33(4) allows a party to request an additional award on claims that were presented during the proceedings but inadvertently omitted from the final award. This request must also be made within thirty days from the receipt of the arbitral award, unless a different timeframe has been agreed upon. If the arbitral tribunal finds that the omission warrants an additional award, it must issue this additional award within sixty days from the date of the request.
Section 33(6) Time Extension for Corrections and Additional Awards
In cases where more time is needed, Section 33(6) allows the arbitral tribunal to extend the period for making corrections, interpretations, or additional awards as needed. This flexibility ensures that the tribunal can thoroughly review any requested changes without being restricted by strict deadlines.
Judicial Pronouncements on Section 33 of the Arbitration Act 1996
Associate Builders v. DDA 2014
This ruling reaffirmed the principle that requests for interpretations or corrections should be limited to minor errors and ambiguities that do not impact the core of the arbitral decision.
State of Maharashtra v. Hindustan Construction Co. Ltd. 2010
This case emphasized that parties must adhere to the time limits specified under Section 33 when seeking corrections or additional awards. The court held that any delay in filing such requests could result in a waiver of the right to seek corrections.
ONGC v. Saw Pipes Ltd. 2003
In this case, the Supreme Court reiterated the tribunal’s authority to correct computational errors under Section 33 and highlighted that corrections should be restricted to non-substantive issues without altering the award's core findings.
In summary,
Section 33 of the Arbitration Act ensures that arbitral awards are free from minor errors that could lead to misunderstandings or disputes. Moreover, this section supports the arbitration process’s overall efficiency by reducing the need for judicial intervention. This section is instrumental in ensuring that the final award accurately reflects the arbitrator’s decisions without discrepancies caused by clerical, typographical, or computational errors. Additionally, Section 33 of the Arbitration Act permits parties to seek an interpretation of specific points in the award if they are unclear or ambiguous.
FAQs on Section 33 of the Arbitration Act 1996
What is Section 33 of the Arbitration and Conciliation Act, 1996?
Section 33 allows parties in arbitration to request corrections for computational or clerical errors, seek interpretations of specific points, or request an additional award if certain claims were omitted in the original award. This ensures that arbitral awards are accurate and complete.
How does Section 33 of the Arbitration Act handle errors in arbitral awards?
Under Section 33(1), parties can request corrections of minor errors, such as typographical or computational mistakes, within thirty days of receiving the award. If justified, the tribunal corrects these errors, ensuring clarity and accuracy in the final award.
Can parties request an additional award under Section 33 of the Arbitration Act?
Yes, Section 33(4) allows parties to request an additional award if certain claims presented during the arbitration proceedings were omitted from the final award. This request must be made within thirty days of receiving the original award.
What is the timeframe for requesting corrections or interpretations under Section 33?
Parties must submit requests for corrections or interpretations within thirty days from the date of receiving the arbitral award. If the arbitral tribunal accepts the request, it must make the correction or interpretation within sixty days.
What happens if the arbitral tribunal rejects a request under Section 33?
If the arbitral tribunal rejects a request for correction, interpretation, or additional award, the parties may consider challenging the award under Section 34 of the Act, where applicable, based on issues they believe were not adequately addressed.
