Kuwait Airways v Kuwait Insurance: Considerations affecting the Award of Interest.
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
S.49 conveys wide discretion on an arbitral tribunal as regards the award of interest, in particular allowing simple or compound, thereby giving the tribunal wider powers than are given to the Court; however, s.49 gives no guidance on how this wide discretion should be exercised, particularly as regards start and finish dates, rates and rests; neither the DAC Report nor leading textbooks assist directly. The High Court decision in Kuwait offers a helpful summary of the law as it applies absent statutory provisions such as section 49 and this summary will provide assistance ...