Arbitral Award : Procedure for Correction, Interpretation and Additional Award

The Arbitration and Conciliation Act, 1996, provides for the correction, interpretation, and amendment of an award under Section 33. This provision ensures that technical errors or ambiguities do not hinder the finality and enforceability of the award.

1. Correction of Errors

If an award contains minor technical errors that do not affect the merits of the decision, they can be corrected.

• Types of Errors: These include computational errors, clerical or typographical errors, or any other errors of a similar nature.

• Procedure:

  • By Party Request: Within 30 days of receiving the award, a party (with notice to the other party) can request the tribunal to correct the errors.

  • By Tribunal's Own Motion: The tribunal may also correct such errors on its own initiative within 30 days from the date of the arbitral award.

2. Interpretation of the Award

Sometimes, the wording of an award may be ambiguous, making it difficult for the parties to implement.

• Procedure: A party, with notice to the other party, may request the tribunal to give an interpretation of a specific point or part of the award.

• Requirement: This can only be done if the parties have previously agreed that such a request may be made.

• Timeline: Like corrections, this request must be made within 30 days of receipt of the award. If the tribunal finds the request justified, it must provide the interpretation within 30 days of the request. The interpretation then becomes part of the arbitral award.

3. Additional Award (Amendment)

If the tribunal has accidentally omitted a claim that was presented during the proceedings but not decided in the final award, an "Additional Award" can be requested.

• Procedure: Within 30 days of receiving the award, a party (with notice to the other party) can request the tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

• Timeline for Decision: If the tribunal considers the request justified, it shall make the additional arbitral award within 60 days from the receipt of such request.