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Supreme Court of India· 22 September 2026

Can interest for the pre-reference period be sourced in section 31(7)(a) of the Arbitration and Conciliation Act, 1996 alone?

North Eastern Electric Power v. Astra Construction Private Limited
2026 INSC 1036 · SPECIAL LEAVE PETITION (CIVIL) NO. 24803 OF 2025
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe
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Answer

Interest for the pre-reference period cannot be sourced in section 31(7)(a) of the Arbitration and Conciliation Act, 1996 alone.

No. Pendente lite interest stands on the footing of procedural law and is governed by section 31(7)(a) of the Arbitration and Conciliation Act, 1996, but interest for the pre-reference period stands on a different footing, being referable to substantive law, and cannot be sourced in section 31(7)(a) alone. (¶15)

Headnote

Arbitration and Conciliation Act, 1996 — s.31(7)(a) — Pre-reference interest — Pendente lite interest — Contractual bar on interest — Arbitration and Conciliation Act, 1996 — s.31(7)(a) — Pre-reference interest — Substantive, not procedural — Held: Pendente lite interest stands on the footing of procedural law and is governed by section 31(7)(a) of the Arbitration and Conciliation Act, 1996. Interest for the pre-reference period stands on a different footing, being referable to substantive law, and cannot be sourced in section 31(7)(a) alone. (¶15) Contract clause barring interest — Two independent situations — Complete bar on arbitrator's power — Held further: A clause barring interest on money lying due to a dispute and, separately, on delay in making payments operates as a complete bar on the arbitral tribunal's power to award interest, whether pre-reference or pendente lite. Clause 54 of the GCC was such a clause, and the High Court's judgment restoring the award of pre-reference interest is set aside. (¶19, 20, 23)

Headnote

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In the Court's own words
Paragraph 15It is thus settled, and we reaffirm the position, that pendente lite interest stands on the footing of procedural law, and is governed by Section 31(7)(a). Interest for the pre-reference period stands on a different footing altogether: it is referable to substantive law and cannot be sourced in Section 31(7)(a) alone. Similar view was taken by another two-Judge Bench of this Court in G&T Beckfield Drilling Services (supra). CLAUSE 54 OF THE GCC
Acts & Sections
s.31(7)(a) Arbitration and Conciliation Act, 1996s.37 Arbitration and Conciliation Act, 1996

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Also decided in this judgment
Does a clause barring interest on money lying due to a dispute and on delay in making payments bar the arbitrator's power to award pre-reference interest?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections