Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
§ 1297.317.Interest
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 6. Making of Arbitral Award and Termination of Proceedings · Article 4. Form and Content of Arbitral Award · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.317 authorizes the arbitral tribunal, unless the parties have agreed otherwise, to award interest as part of its arbitral award.
Full Text of § 1297.317
Plain-English Summary
Money owed but unpaid loses value over time, and this section confirms the tribunal's authority to account for that. Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
The section is brief because it settles a single point: interest is available as a remedy in international arbitration under this title, on the same default footing as the tribunal's other authority, subject to being narrowed or excluded by the parties' own agreement. It doesn't specify a rate or a method of calculation, leaving those details to the tribunal's judgment based on the circumstances of the case.
Frequently Asked Questions
Can an arbitral tribunal award interest on top of the underlying award?
Yes, unless the parties have agreed otherwise.
Does this section set a specific interest rate?
No. It confirms the authority to award interest without fixing a rate or method of calculation.
Can the parties agree to take this authority away from the tribunal?
Yes. Section 1297.317 applies unless otherwise agreed by the parties.
Amendment History
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: interest on arbitral award californiatribunal authority to award interest