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Arbitral Awards Notes

BPTC Law Notes > Alternative Dispute Resolution Notes

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A more recent version of these Arbitral Awards notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Alternative Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADR: ARBITRAL AWARDS PROVISIONAL AWARDS Interim Payments, Security for Costs etc.

* s39 AA - Tribunal has power to make orders on a provisional basis, on any relief which it has the power to grant as a final award
* Includes (eg.) making a provisional order for interim payment, for the disposition of property between the parties (s39(2)) or to provide security for costs (s38(3))

* Provisional orders regulate the positions of the parties during the interim stages of arbitration (but do not finally dispose of any issue) INTERIM AWARDS

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s47 AA - Unless otherwise agreed, arbitrators have power to make interim awards and awards on different issues, in particular:
* Awards relating to an issue affecting the whole claim,
* Awards relating to only a part of the claim/cross-claim Distinct from provisional orders as final awards (on only part of dispute) Useful where a single issue can be disposed of swiftly - once there is a final decision on that issue, parties may be able to settle rest of the case.

Settlement

* If parties settle the dispute before arbitrators make final decision then (unless otherwise agreed) arbitrators will terminate the substantive proceedings and record the settlement in the form of an agreed award (s51 AA)
* Must state it is an award of the arbitration tribunal and has same effect as any other award on the merits of the case.
* Possible to enforce overseas via the New York Convention 1958 AWARD OF COSTS

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s61 AA - Unless otherwise agreed, the Tribunal/Arbitrator has the power to make an award allocating costs between the parties
* Tribunal may reserve question of costs when making award on liability and quantum (final award) Issues:
* Whether the losing party should pay the successful party's costs
* How much should be payable under the award of costs
* Payment of the arbitrators' fees Costs awards made on similar principles to litigation - s61(2) main principle: arbitrators shall award costs in favour of successful party except where this appears inappropriate (apply similar factors to litigation to determine)
* Conduct of parties in the arbitration,
* Whether claim exaggerated,
* Degree to which party was successful
# Depends on how important areas of only partial success are seen to be in the overall picture of the reference (eg. centrality of quantum as an issue/difference between sum claimed and sum awarded)
# If Tribunal decides the losing party had a partial success, likely to be reflected by only ordering payment of a percentage of successful party's costs.

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