Partial final award, subject to conditions and the tribunal’s reservation of jurisdiction, an ‘award’ (YDU v SAB and another)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Arbitration analysis: The High Court has held that certain challenged paragraphs of a partial final award do constitute an award for the purposes of the Arbitration Act 1996 (AA 1996), notwithstanding that the paragraphs contained conditional elements, and were expressly subject to the tribunal’s ability to vary them. The claimant sought to challenge the paragraphs, arguing they amounted to no more than an order (which is significant for enforcement purposes). In the alternative, the claimant argued that the paragraphs were uncertain or ambiguous in effect, within the meaning of AA 1996, s 68(2)(f). Both applications were dismissed. Written by Louise Nicholson, knowledge lawyer at Baker McKenzie.