- 15-Oct-2025
- public international law
A partial arbitral award is a decision issued by an arbitral tribunal that resolves part, but not all, of the issues in a dispute between the parties. Unlike a final award, which resolves all the claims and counterclaims in the arbitration, a partial award addresses only certain issues, such as liability, while leaving other aspects, like damages or costs, to be determined later. This can help expedite the process and provide interim relief in complex cases.
A partial arbitral award resolves only part of the dispute between the parties, leaving other issues to be determined at a later stage of the proceedings.
For example, a tribunal may issue a partial award determining liability but defer the decision on the quantum (amount) of damages to a later stage in the arbitration.
A final award is the conclusive decision that resolves all issues in dispute between the parties, bringing the arbitration proceedings to an end. It is typically binding and enforceable, subject to limited grounds for challenge.
An interim award is a temporary decision issued before the final award to address urgent issues, such as preservation of evidence or provisional relief (e.g., an order for payment of security). It is not intended to resolve the entire dispute.
A partial award deals with a specific aspect of the dispute, such as liability or jurisdiction, without concluding the entire arbitration. It provides the tribunal’s findings on a certain issue but does not resolve all claims or counterclaims. The tribunal may later issue a final award or additional partial awards to address other unresolved matters.
In complex cases, where multiple claims or counterclaims are made, a tribunal may issue a partial award to address simpler issues (e.g., the party’s liability) before considering more complicated issues (e.g., the amount of damages).
Example: In a commercial dispute over breach of contract, the tribunal may first determine whether there was a breach and which party is liable, leaving the quantum of damages to be decided later.
A partial award can expedite the arbitration process by addressing and resolving key issues early on. This can help streamline the proceedings and provide clarity on the direction of the case.
Example: In a dispute over the validity of a contract, a partial award may be issued to determine whether the contract is valid, so that the tribunal can proceed with other issues like damages or contractual performance.
Sometimes, a tribunal may issue a partial award on an urgent matter (such as an interim relief order or a decision on specific claims) while deferring other aspects of the case.
Example: A tribunal in an international investment dispute may issue a partial award granting interim relief to the claimant while continuing to consider the main issues related to compensation.
A partial award can provide the parties with interim relief by addressing key issues before the entire case is resolved. It allows the tribunal to grant decisions on urgent matters like liability or injunctive relief while the rest of the proceedings continue.
Partial awards often clarify the legal or factual issues that are central to the dispute, which can help parties to narrow the focus of their arguments as the arbitration continues.
By breaking down the dispute into manageable parts, a partial award may help expedite the overall process. This can be especially useful in complex or multi-claim arbitrations where issues can be determined sequentially.
While a final award is typically enforceable in a court of law, the enforceability of a partial award can be more complicated. In some jurisdictions, partial awards may be enforced if they resolve specific issues that are binding, such as the determination of liability. However, the final enforceability of the award typically depends on the tribunal’s final decision in the case.
Example: If a tribunal issues a partial award declaring one party liable for damages, the claimant may be able to seek enforcement of that aspect of the award while waiting for the final award to address the quantum of damages.
The UNCITRAL Arbitration Rules and the ICC Rules both allow the issuance of partial awards. Tribunals under these rules can issue such awards as part of their procedural flexibility, helping to manage and resolve disputes more efficiently.
Under the Indian Arbitration and Conciliation Act, 1996, a partial award is also permissible, and the Act gives tribunals the power to decide on procedural issues before resolving the entire dispute.
The rules of other arbitral institutions, such as the LCIA or SIAC, also provide mechanisms for issuing partial awards.
While a final award may be subject to limited challenge or setting aside, the challenge of a partial award depends on the rules of the arbitration institution or the national law of the country where enforcement is sought. In some cases, a party may challenge a partial award on the same limited grounds available for final awards, such as jurisdictional issues or procedural irregularities.
Example: A party may challenge a partial award that determines liability on the grounds that the tribunal exceeded its authority or violated principles of due process.
Biosystems Ltd. (claimant) and FarmTech Inc. (respondent) are involved in a dispute regarding a supply contract for agricultural equipment. The claimant alleges that the respondent breached the contract by failing to deliver the equipment on time.
After hearing the initial evidence, the tribunal issues a partial award that finds FarmTech Inc. liable for breach of contract but defers the issue of damages. The tribunal reasons that determining the damages requires further expert evidence and cannot be decided at this stage.
The tribunal specifies that the parties should submit further evidence on the quantum of damages, and the arbitration will continue until the full dispute is resolved.
The partial award provides clarity on the liability issue, allowing the claimant to begin considering its next steps, while the tribunal addresses the more complex issue of damages.
A partial arbitral award is a decision issued during arbitration that resolves only part of the issues in dispute. It is often used in complex cases to address key issues such as liability before moving on to other matters like damages. While it does not resolve the entire dispute, it can expedite the process, provide interim relief, and clarify important aspects of the case. Although it is generally binding, the final enforceability of a partial award depends on the circumstances of the dispute and the tribunal’s overall decision in the case.
Answer By Law4u Team
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