CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award
Ganga Foods receives an award that wrongly totals the sums awarded due to an arithmetic slip. The agreement is silent on time periods for correction. Which is correct?
Ganga Foods may request correction of the computation error within thirty days from receipt of the award, with notice to the other party. The tribunal can also correct such an error on its own initiative within thirty days from the date of the award.
- AGanga may request correction within thirty days from receipt, with notice to the other party, and the tribunal may also correct it on its own initiative within thirty days from the date of the awardCorrect
- BOnly the tribunal may correct computation errors, and a party cannot request it
- CGanga must apply to the Court, as the tribunal becomes functus officio on delivering the award
- DThe request must be made within sixty days, and the tribunal has no power to act on its own
Explanation
Section 33(1)(a) allows a party, with notice, to request correction of computation, clerical or typographical errors within thirty days from receipt. Section 33(3) lets the tribunal correct such errors on its own initiative within thirty days from the date of the award. Interpretation, by contrast, needs party agreement.
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