Partial awards in arbitration

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Practice notes

Partial awards in arbitration

Produced in partnership with CMS

Practice notes
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Parties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific issue that forms part of the claim, before the final award is made that addresses all the issues in the dispute. Such an award, dealing with only some of the issues in dispute, is commonly known as a 'partial award'.

A partial award is not only available on the application of a party; a tribunal may also, as master of its own procedure, decide that it will deal with certain issues by way of a partial award or awards.

A partial award is final in respect of the claims it addresses. An example of a case in which a partial award was held to be final is Emirates Trading Agency v Sociedade de Fomento Industrial Privatewhere the respondent to the arbitration was prevented from challenging the final merits award, because it had not challenged an earlier partial award on jurisdiction.

Subject to the parties' agreement to the contrary, the arbitral tribunal has the power to make

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United Kingdom
Key definition:
Agency definition
What does Agency mean?

Agency is a legal relationship between an agent who is a person having the authority or capacity to create legal relations between a principal and third parties.

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