3.2.1 Overview of Award Types
Arbitral tribunals have flexibility in structuring their decisions. Different types of awards serve different purposes - some dispose of the entire dispute, others address specific issues or record settlements.
| Award Type | Purpose | Finality |
|---|---|---|
| Final Award | Disposes of all claims and counterclaims | Full finality - ends tribunal's mandate |
| Partial Award | Decides specific issues/claims definitively | Final on issues addressed; others remain |
| Interim Award | Provisional measures during proceedings | May be varied; not necessarily final |
| Consent Award | Records parties' settlement agreement | Same effect as award on merits |
3.2.2 Final Awards
The final award disposes of all claims, counterclaims, and issues before the tribunal. Upon making the final award:
- Functus Officio: Tribunal's mandate terminates (subject to correction/interpretation)
- Res Judicata: Award is conclusive between the parties on the matters decided
- Enforcement: Can be immediately enforced under Section 36
- Challenge: Section 34 application period begins from date of award
Content of Final Award
- Disposition of all claims and counterclaims
- Quantification of damages/amounts due
- Interest (pre-award and post-award)
- Costs allocation and quantification
- Any declaratory relief
3.2.3 Partial Awards
Partial awards decide specific issues or claims definitively while other issues remain to be determined. They are useful in complex arbitrations to narrow disputes progressively.
When to Use Partial Awards
- Liability vs. Quantum: Decide liability first; quantify damages later
- Multiple Claims: Dispose of some claims while others continue
- Jurisdictional Issues: Decide jurisdiction as preliminary matter
- Preliminary Legal Issues: Determine applicable law or contract interpretation
Bifurcating liability and quantum through partial awards can be efficient - if liability is denied, expensive quantum evidence is avoided. However, it can also increase costs if liability is established. Tribunal must balance efficiency considerations.
Legal Status
Partial awards are final and binding on the issues they decide. They can be challenged under Section 34 and enforced under Section 36 independently of subsequent awards on remaining issues.
3.2.4 Interim Awards
Interim awards address provisional matters during proceedings. The distinction between "interim awards" and "interim measures" (Section 17 orders) can be subtle:
- Interim Award: A decision on the merits that may be varied later
- Interim Measure: Procedural order for preservation/security
Common Interim Awards
- Security for costs
- Preservation of subject matter
- Interim payment pending final determination
- Provisional damages assessment
3.2.5 Consent Awards (Section 30)
When parties settle during arbitration, they may request the tribunal to record the settlement as an arbitral award. This gives the settlement the enforceability of an award.
Section 30 Requirements
- Settlement must be during arbitral proceedings
- Parties must request the tribunal to record it
- Tribunal not obliged to record if content is inappropriate
- Award records the terms of settlement
- Has same status and effect as award on merits
Advantages of Consent Awards
- Enforceability: Enforceable as an arbitral award (including under NY Convention)
- Confidentiality: Settlement terms remain within arbitration
- Finality: Ends proceedings with same effect as contested award
- No Reasons Required: Need not state reasons (Section 31(3) exception)
Key Takeaways
- Final awards dispose of all issues and terminate tribunal's mandate
- Partial awards are final on specific issues; useful for bifurcation
- Both partial and final awards can be challenged under Section 34
- Consent awards (Section 30) give settlements the status of awards
- Consent awards are enforceable under the New York Convention
- Tribunal is functus officio after final award (except correction/interpretation)