Section 31: Regime for costs

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 31

Section 31 governs the formal requirements, reasoned determination, and interest awarding powers governing domestic arbitral awards.

  • Core Legal Standard: Section 31 mandates that an arbitral award must be in writing, signed by the arbitrators, state the reasons upon which it is based (unless parties agreed otherwise), and state the date and place of arbitration.
  • Operational Mechanism: Under Section 31(7), the tribunal possesses wide discretion to award pre-reference, pendente lite, and future interest.

Unless the award specifies otherwise, future interest automatically accrues at the rate of 2% higher than the prevailing current rate of interest from the date of the award to realization.

Key Landmark Precedents:
  • Hyder Consulting (UK) Ltd. v. Governor, State of Orissa (2015) 2 SCC 189: The Supreme Court held that the 'sum directed to be paid by an arbitral award' under Section 31(7)(b) includes the aggregate of the principal amount and the pre-award interest awarded, on which post-award interest is legitimately payable.
  • Morgan Securities and Credits Pvt. Ltd. v. Morepen Laboratories Ltd. (2022): Affirmed the discretionary jurisdiction of the arbitral tribunal to award reasonable interest reflecting commercial reality unless explicitly restricted by contract.
Legal Commentary:

Section 31 ensures that arbitral awards are reasoned, complete, and commercially compensatory. The tribunal's authority to grant post-award interest on the consolidated sum discourages losing parties from engaging in frivolous post-award delay tactics.