https://www.taxtmi.com/caselaws?id=325469 Under the Arbitration Act, 1940, an arbitrator may award pendente lite interest only if the contract does not expressly prohibit it. Where the agreement is silent, interest may be treated as an implied term and awarded on a discretion analogous to Section 34 CPC. But an express contractual bar on interest during the pendency of the reference prevails and curtails the arbitrator's authority. A clause barring interest on delayed payment does not automatically amount to a separate and express bar on pendente lite interest; the wording of the ouster clause must be examined in each case. en-us Wed, 16 Mar 2016 00:00:00 +0530 Wed, 01 Oct 2025 14:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=325469 Under the Arbitration Act, 1940, an arbitrator may award pendente lite interest only if the contract does not expressly prohibit it. Where the agreement is silent, interest may be treated as an implied term and awarded on a discretion analogous to Section 34 CPC. But an express contractual bar on interest during the pendency of the reference prevails and curtails the arbitrator's authority. A clause barring interest on delayed payment does not automatically amount to a separate and express bar on pendente lite interest; the wording of the ouster clause must be examined in each case. Case-Laws Companies Law Wed, 16 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=325469