Arbitral tribunal Can Suo Motu Rectify Calculation Errors in Award: Calcutta High Court

The Calcutta High Court recently ruled that an arbitral tribunal can rectify calculation errors Suo Motu under Section 33 of the Arbitration and Conciliation Act, 1996, without a separate application from the parties.

The dispute arose from a work order for road construction between the Haldia Development Authority (HDA) and Konark Enterprises. 

HDA contested a refund (Rs. 9,06,091.44) granted to Konark Enterprises and sought increased risk expenses due to calculation errors. 

The court agreed with HDA on the flawed calculation and set aside that part of the arbitral award under Section 34 of the Act.