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Interest in International Arbitration by Secomb, Matthew

5 Period

From: Interest in International Arbitration

Matthew Secomb

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 October 2019

Subject(s):
Conflict of laws — Recognition and enforcement — Interest

This chapter assesses the period over which interest is granted in arbitral awards. The period is usually defined by the start date and the end date. However, sometimes other factors can be relevant, such as a distinction between pre- and post-award interest. The chapter then explains that international arbitration has not yet established a uniform approach to the period over which interest is granted. It suggests that perhaps greater convergence can be seen as to the period than with the rate or calculation method. The chapter starts by describing the traditional approaches to determining the period over which interest is granted. It then contains a critique of some of the most common traditional approaches. Next, it sets out a possible uniform approach to the period over which interest is granted. As with the rate and the calculation method, the uniform approach largely builds on existing law and practice. Finally, the chapter considers a possible limitation on this uniform approach, namely, mandatory laws.

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