The Arbitration and Conciliation Act, 1996 Sections 34 and 37 – This appeal challenged the Delhi High Court Division Bench’s judgment dated 01.08.2023, which had set aside parts of an arbitral award concerning interest under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (the 1996 Act). The arbitral tribunal awarded pre-reference, pendente lite, and future interest.
The High Court Division Bench set aside these directions, reasoning that Section 31(7) of the 1996 Act allows only two periods for interest (cause of action to award, and award to payment), not three, and that awarding interest on the principal sum inclusive of prior interest amounted to impermissible compound interest.
The Supreme Court clarified that Section 31(7)(a) of the 1996 Act grants arbitrators discretion to award interest for the “whole or any part” of the period from cause of action to award, permitting sub-division (pre-reference and pendente lite) and varying rates.