Dispute Resolution & ADR Newsletter - January 2025

Extension of statutory period to seek clarification and rectification of arbitral award

NDMC v. SA Builders Ltd

Supreme Court of India | December 17, 2024

2024 SCC OnLine SC 3768

The Supreme Court has clarified that in certain circumstances such as conduct of the parties (i.e. participation in clarificatory proceedings before the arbitral tribunal) or permission by the supervisory court, an arbitral tribunal can issue clarifications and rectify errors in an award despite lapse of the statutory period of 30 days under Section 33 of the Arbitration and Conciliation Act, 1996 (Act). By implication, an agreement between the parties to waive the statutory period contemplated under Section 33(1) is not required to be a written agreement. Notably, the judgment highlights a practical, party-driven approach to procedural flexibility in arbitration, and reinforces the principle that arbitral tribunals maintain a certain degree of autonomy in correcting errors or