Section 33 of the Arbitration & Conciliation Act, 1996
Section 33 of the A & C Act, 1996 is similar to Section 152 of the Code of Civil Procedure, 1908 as the latter provision also speaks of correction of judgments or decrees or orders on account of clerical or arithmetical mistakes or errors arising from accidental slip or omission. Section 33 of the A & C Act essentially is in two parts. One part speaks of and deals with what is known as an additional award on account of the arbitral tribunal omitting to deal with certain claims which have been made before it and which aspect is the subject matter of Section 33(4) of the A & C Act, 1996 with the related sub-sections being sub-sections (5) to (7) of Section 33 of the A & C Act, 1996.
Once there is an additional award, it is considered as a separate award, and there is no merger of the award already passed for some claims with the additional award. The later additional award is given by law a status of an ‘additional award’. When there is correction to the award, arithmetical or clerical, the original award passed merges in the corrected award and hence, the period of limitation necessarily and only starts by applying the doctrine of merger from the receiving of the corrected copy of the corrected/amended award.