AI Overview...
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Clerical Errors in Arbitration Awards - Section 33 of the Arbitration and Conciliation Act, 1996, empowers parties to request the Arbitral Tribunal to correct clerical, typographical, or similar errors in the Award. The Tribunal can also correct such errors suo motu. Chandok Machineries VS S. N. Sunderson & Co. - Delhi, Chandok Machineries vs S.N. Sunderson & Co. - Delhi, M/S. CHANDOK MACHINERIES vs M/S. S. N. SUNDERSON & CO - Delhi, IND_Delhi_OMP_(COMM)-321_2018_DHC_5457
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Maintainability of Review Petitions for Clerical Errors - Courts recognize that petitions challenging arbitral awards or orders, which seek correction of clerical errors, are maintainable under Section 33. Such petitions do not challenge the substantive award but seek correction of clerical mistakes, making them permissible and appropriate remedies. Chandok Machineries VS S. N. Sunderson & Co. - Delhi, Chandok Machineries vs S.N. Sunderson & Co. - Delhi, M/S. CHANDOK MACHINERIES vs M/S. S. N. SUNDERSON & CO - Delhi, IND_Delhi_OMP_(COMM)-321_2018_DHC_5457
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Legal Procedure and Judicial Approach - The courts have consistently held that petitions for correction of clerical errors are maintainable and that the arbitral tribunal's power to correct errors is both explicit and independent. Judicial orders have emphasized that such correction petitions are not only permissible but also necessary for the proper execution of arbitral awards. Chandok Machineries VS S. N. Sunderson & Co. - Delhi, M/S. CHANDOK MACHINERIES vs M/S. S. N. SUNDERSON & CO - Delhi
Analysis and Conclusion:
Review petitions aimed at correcting clerical or typographical errors in arbitral awards are maintainable under Section 33 of the Arbitration and Conciliation Act, 1996. These petitions serve to rectify non-substantive errors and are recognized as legitimate remedies within arbitration proceedings. Courts uphold the tribunal's authority to correct such errors suo motu or upon request, ensuring clarity and accuracy in arbitral awards.
Search Results for "Review Petition Nat Maintainable for Clerical Errors"
2018 0 Supreme(Del) 2181 • India - Delhi
NAVIN CHAWLA
The petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the Arbitral Award dated 12th June, 2017 ... In this light, one may also take note of Section 33 of the Act, which empowers a party to the arbitration proceedings to request the Arbitral Tribunal to correct any clerical or typographical errors or any other errors of a similar nature occurring in the Award. ... Even the Arbitral Tribunal on its own initiative can correct such errors. ... CM itself has claimed the cla....
• India - Bombay High Court - Original Side,Bombay
S. C. DHARMADHIKARI, R. I. CHAGLA, JJ
(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Writ petition challenging the NCLT order for initiating Corporate Insolvency ... the same except to correct a clerical error.” ... Mr.Kadam would submit that a writ petition under Article 226 of the Constitution of India is not maintainable when there is an alternate and equally efficacious remedy, particularly of an appeal. ... We have, therefore, no hesitation in holding that the present writ petition is maintainable#HL....
• India - Delhi High Court
NAVIN CHAWLA
In this light, one may also take note of Section 33 of the Act, which empowers a party to the arbitration proceedings to request the Arbitral Tribunal to correct any clerical or typographical errors or any other errors of a similar nature occurring in the Award. ... Even the Arbitral Tribunal on its own initiative can correct such errors. ... CM itself has claimed the claims in his petition of February, 2016 from 2012. CM amended the claim petition in June, 2016 but the claims pursuant....
• India - Delhi High Court
In this light, one may also take note of Section 33 of the Act, which empowers a party to the arbitration proceedings to request the Arbitral Tribunal to correct any clerical or typographical errors or any other errors of a similar nature ... Even the Arbitral Tribunal on its own initiative can correct such errors. ... In this order itself, it is recorded that the respondent had taken a plea that the second reference was not maintainable. 51. ... In view of the above, I find no merit in ....
• India - Delhi High Court
In this light, one may also take note of Section 33 of the Act, which empowers a party to the arbitration proceedings to request the Arbitral Tribunal to correct any clerical or typographical errors or any other errors of a similar nature ... Even the Arbitral Tribunal on its own initiative can correct such errors. ... In this order itself, it is recorded that the respondent had taken a plea that the second reference was not maintainable. 51. ... In view of the above, I find no merit in ....
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