Arbitration Act.
Difference between Interim award and interim order.
Interim award is decision by Arbitrator in line of main controversy between the parties
Order like rejecting implead application or amendment application is just an interim order.
An interim Award has to be in the nature of a part judgment and decree as envisaged under Section 2 (2) of CPC and the same must be such that it conclusively determines the rights of the parties on a matter in controversy in the suit as done in a final judgment.
Order like rejecting implead application or amendment application is just an interim order
Clearly an interim Award has to be on a matter with respect to which a final Award can be made i.e. the interim Award is also the subject matter of a final Award.
Putting it differently therefore an interim Award has to take the colour of a final Award.
An interim Award is a final Award at the interim stage viz a stage earlier than at the stage of final arguments. It is a part final Award because there would remain pending other points and reliefs for adjudication.
An interim order thus cannot be said to be an interim Award when the order is not in the nature of a part decree.
Goyal MG Gases Pvt. Ltd. vs. Panama Infrastructure Developers Pvt. Ltd. and Ors. (29.03.2023 – DELHC) : MANU/DE/2210/2023