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CS Professional · Arbitration, Mediation and Conciliation · Preparation and Execution of Arbitral Award

Midway through proceedings between Nilgiri Tea Co. and Deccan Logistics, the tribunal finds that the question of Nilgiri's liability to refund an advance can be decided now, though other claims remain. Which option is correct under Section 31?

The tribunal may make an interim award. Section 31(6) permits it, at any time during the arbitral proceedings, to make an interim award on any matter with respect to which it could make a final award, so the advance-refund question can be decided now.

  1. AThe tribunal can only make one award at the end of the proceedings
  2. BThe tribunal may make an interim award at any time during proceedings on any matter on which it could make a final awardCorrect
  3. CThe tribunal may make an interim award only if both parties consent in writing
  4. DThe tribunal may make an interim award only on procedural matters

Explanation

Section 31(6) allows the tribunal, at any time during the proceedings, to make an interim award on any matter on which it may make a final award. It is not limited to procedure and needs no separate consent under that provision.

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