The Unmerged Claim: How Non-Adjudication Preserves the Right to Statutory Interest in Arbitration proceedings
Introduction When an arbitral tribunal is silent on the rate of interest payable after the award is made, should the decree holder be deprived of the higher rate stipulated by statute? The interpretation of Section 31(7)(b) of the Arbitration Act1 often presents a complex juncture in post-award execution proceedings. In a significant pronouncement, the Gujarat High Court, through a bench […]
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