Arbitration and Conciliation Act Section 33 — Correction and interpretation of award; additional award
CHAPTER VI — Making of arbitral award and termination of proceedings
Civil
Summary
Sub-section (1) sets the general time limit for these requests: a party has thirty days from receiving the arbitral award to act, unless the parties have agreed on a different period.
Under clause (a) of sub-section (1), a party may ask the arbitral tribunal to correct any computation errors, clerical or typographical mistakes, or other errors of a similar nature in the award. This request must be made with notice to the other party.
Under clause (b) of sub-section (1), if the parties have agreed to it, a party may ask the arbitral tribunal to explain or interpret a specific point or part of the award. This request must also be made with notice to the other party.
Sub-section (2) states that if the arbitral tribunal finds the request made under sub-section (1) to be justified, it must make the correction or give the interpretation within thirty days of receiving the request. Any interpretation given becomes part of the arbitral award.
Sub-section (3) allows the arbitral tribunal to correct errors of the type mentioned in clause (a) of sub-section (1) on its own initiative, without any party asking. This must be done within thirty days from the date of the arbitral award.
Sub-section (4) provides that, unless the parties have agreed otherwise, a party may request an additional arbitral award for claims that were presented during the arbitral proceedings but were left out of the original award. This request must be made within thirty days from receiving the award and with notice to the other party.
Sub-section (5) states that if the arbitral tribunal considers the request made under sub-section (4) to be justified, it must make the additional arbitral award within sixty days from receiving the request.
Sub-section (6) allows the arbitral tribunal to extend the time period for making a correction, giving an interpretation, or making an additional award under sub-section (2) or sub-section (5), if necessary.
Sub-section (7) says that the provisions of Section 31 of the Act apply to any correction, interpretation, or additional award made under this section.
Official Text
(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.