章仲裁利息程序.doc

第二章 利息（interest） 1 法院如何针对利息 英国法院是有权可去给予胜诉方胜诉金额的本金加上利息，这个权力有多次立法去针对，给了法院去给予单息的权力，例如早在1833年的《Tenterden Act》中的Section 28有规定，如下： “That upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time then demand of payment shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.” 另在1934年的《Law Reform (Miscellaneous Provisions) Act》中有规定，如下： “(1) In any proceedings tried in any court of record for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgement is given interest at such rate which judgement is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgement: Provided that nothing in this section – (a) shall authorize the giving of interest upon interest（这是不允许给予复息）; or (b) shall apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise（这是指不适用在双方已经同意了债务的利息）; or (c) shall affect the damages recoverable for the dishonor of a bill of exchange.” 上述立法之后，法院目前的权力就是来自《The Supreme Court Act 1981》， Section 35A，说： “Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court