Krupa Corporation Limited ('KCL') and ABC Limited entered into a contract for the supply of specialized machinery worth ₹ 10 crore. Disputes arose regarding the quality and timely delivery of the machinery, leading to ar

Section 33 of the Arbitration and Conciliation Act, 1996 (Act) provides the provisions relating to Correction and interpretation of award; additional award. It states: (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. If the arbitral tribunal considers the request to be justified, it can 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. The arbitral tribunal may also correct any error of the type mentioned above, on its own initiative, within thirty days from the date of the arbitral award. According to section 33(4) of the Act, 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. Further as per section 33(5) of the Act, 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. In view of the above provision, it may be said that Arbitral Tribunal can make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award. Further, according to section 33(1)(a), 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 the arbitral tribunal considers the request made section 33(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.