COMMENT OF THE DAY #48

ARBITRATION

Repeating – every award is a final award. There can be no interim award because that word suggests that the award is not a final award. There can be a final award on a preliminary matter – such as jurisdiction or which contract of two contracts is the decisive contract. You are dealing with preliminary matters that the parties have requested you address before you get to the substantive issue in dispute. But your findings on the preliminary matters are not a halfway house pending a second award – they are final on the preliminary issue. So no interim awards as such.

How about a partial award? Be careful – the use of “partial” is to be discouraged. It raises doubts. What is meant by “partial”? Again every award is a final award so my advice? Drop “partial” and instead be specific about the subject matter of the award. For example; the parties may agree that Party A is in breach but disagree about the date of the default and this is relevant to damages. But you have not been asked to decide damages. So your award is a Final Award on a Preliminary Issue – the Date of Default.

Does anyone disagree?