Section 33 of the Arbitration and Conciliation Act, 1996: Correction, Interpretation and Additional Award

Section 33 provides a limited post-award mechanism by which an arbitral tribunal may correct specified errors in an award, interpret a specific point or part of the award where the parties have so agreed, or make an additional award on claims that were presented during the arbitration but omitted from the award.

Current legal position: Section 33 continues to prescribe the statutory procedure and time limits for correction, interpretation and additional arbitral awards. Section 31 applies to every correction or interpretation and to every additional award made under Section 33.

Text of Section 33 - 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 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;
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.

What Section 33 Means

1. Correction of computation, clerical and typographical errors

Section 33(1)(a) allows a party to ask the tribunal to correct computation errors, clerical mistakes, typographical mistakes and other errors of a similar nature. The request must normally be made within thirty days from receipt of the arbitral award, unless the parties have agreed to a different period.

2. Interpretation requires party agreement

Under Section 33(1)(b), a party may request interpretation of a specific point or part of the award only if the parties have agreed that such an interpretation may be sought. Notice of the request must be given to the other party.

3. Tribunal generally has thirty days to act on a justified request

If the tribunal considers a request under Section 33(1) justified, Section 33(2) requires it to make the correction or give the interpretation within thirty days from receipt of the request. An interpretation given under this provision forms part of the arbitral award.

4. Tribunal may correct certain errors on its own initiative

Section 33(3) authorises the tribunal to correct, on its own initiative, errors of the type specified in Section 33(1)(a). Such a correction must ordinarily be made within thirty days from the date of the arbitral award.

5. Additional award for an omitted claim

Section 33(4) deals with claims that were actually presented during the arbitral proceedings but were omitted from the award. Unless otherwise agreed by the parties, a party may request an additional arbitral award on such an omitted claim within thirty days from receipt of the award, after giving notice to the other party.

6. Sixty-day period for an additional award

Where the tribunal considers a request for an additional award justified, Section 33(5) requires the additional arbitral award to be made within sixty days from receipt of the request.

7. Tribunal may extend its own decision period where necessary

Section 33(6) permits the tribunal, where necessary, to extend the period within which it must make a correction, provide an interpretation or make an additional award under Section 33(2) or Section 33(5).

Scope of Section 33: The provision is directed at correction of limited errors, agreed interpretation and omitted claims. It does not state that the tribunal may reopen and re-decide the merits of claims already adjudicated merely because a party disagrees with the reasoning or result.

Relationship with Sections 31, 32 and 34

Section 31 applies to corrections, interpretations and additional awards under Section 33. Further, Section 32(3) expressly makes termination of the tribunal's mandate subject to Section 33. Section 33 may also be relevant to the computation of limitation for an application under Section 34, where a request under Section 33 has been made.

Important Time Limits under Section 33

Party request for correction: normally within 30 days from receipt of the award.
Party request for agreed interpretation: normally within 30 days from receipt of the award.
Tribunal action on a justified correction or interpretation request: normally within 30 days from receipt of the request.
Tribunal's own correction of specified errors: within 30 days from the date of the award.
Request for additional award on an omitted claim: normally within 30 days from receipt of the award.
Additional award following a justified request: normally within 60 days from receipt of the request.
The tribunal may extend its own period for acting under Section 33(2) or Section 33(5), if necessary.

Official Legal Source

For the authoritative and updated statutory text, see the Arbitration and Conciliation Act, 1996 on India Code.