Arbitral Award – Correction of Errors

In Mcdermott International Inc. v. Burn Standard Company, (2006) 11 SCC 181, it was held as under:

            “Section 33 of the Arbitration and Conciliation Act empowers the Arbitral Tribunal to make correction of errors in arbitral award to give interpretation of a specific point or a part of the arbitral award and to make an additional award as to claims, though presented in the arbitral proceedings, but omitted from the arbitral award. Sub-section (4) empowers the Arbitral Tribunal to make additional arbitral award in respect of claims already presented to the Tribunal in the arbitral proceedings but omitted by the Arbitral Tribunal provided:

  1. There is no contrary agreement between the parties to the reference;
  2. A party to the reference, with notice to the other party to the reference, requests the Arbitral Tribunal to make the additional award;
  3. Such request is made within thirty days from the receipt of the arbitral award;
  4. The Arbitral Tribunal considers the request so made, justified; and
  5. Additional arbitral award is made within sixty days from the receipt of such request by the Arbitral Tribunal.”

The powers under Section 33 (4) of the Arbitration and Conciliation Act cannot be invoked for raising fresh claims or seeking an appeal against the arbitral award. The powers of the Arbitral Tribunal in these proceedings are restricted to making an award for such claims which formed a matter for adjudication and on which the parties had led arguments. Pramod v. Union of India, 2019 (1) AWC 969.

Advertisements

Leave a comment

Filed under Arbitral Award, Correction of Errors

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.