The following Arbitration practice note produced in partnership with Farrer & Co provides comprehensive and up to date legal information covering:
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This Practice Note considers the different types of arbitration awards and their requirements where the seat of the arbitration is, England, Wales or Northern Ireland and the Arbitration Act 1996 (AA 1996) governs the arbitration.
In arbitration proceedings, an award is a formal document setting out an arbitral tribunal’s decision.
There are two basic types of award in English law:
a final award (finally disposing of some or all issues in dispute)—see: Requirements of an award
a provisional award dealing with issues pending a final award (eg an order for a payment of money between the parties, disposition of property between the parties or an interim payment on account of costs) pursuant to AA 1996, s 39—see Practice Note: AA 1996—provisional awards
Unless the parties otherwise agree, all awards will be treated as final—see AA 1996, s 58(1). The arbitrators will not, therefore, have the power to issue provisional awards unless the parties confer it on them—see AA 1996, s 39(4)—which is frequently done via the applicable arbitral rules.
There are several variations on this theme, all of which are, however, either final awards or (less commonly) provisional ones. They include:
a partial award (determining only certain issues). AA 1996, s 47 provides that
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