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Report No. 76

4.17. Law applicable to each stage.-

The first period is governed by the substantive law, including, in particular, the Interest Act, 1839. The second period is governed by section 34 of the Code of Civil Procedure, 1908: and where the matter has been referred to arbitration, the general understanding1 is that the arbitrator, being a private tribunal substituted for the court under the authority of law, can exercise this power of the court also, at least where the reference includes a claim for interest. The third period,2 was the subject-matter of some controversy, but the matter has now been settled by the Supreme Court.The fourth period is expressly covered by section 29 of the Arbitration Act. We propose to discuss in detail the case law relevant to each period.

1. Para. 4.19, infra.

2. Para. 4.20, infra.

Arbitration Act, 1940 Back

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