9 Award

Subject(s):

Awards — Remedies and costs — Review of arbitral awards

This chapter considers the different categories of arbitration award issued by the arbitrary tribunal. The tribunal may be called upon to decide procedural disputes, or to make partial awards that decide issues between parties on a partial or final basis. Under the English Arbitration Act 1996, all awards are ‘final’, in the sense that they dispose ‘finally’ of the issues decided in them, and they are ‘binding’ on the parties. A final award, in this sense, is usually the outcome of arbitral proceedings that have been contested throughout. However, it may embody an agreed settlement between the parties, in which case it is generally known as a ‘consent award’, or an ‘award on agreed terms’. Another category is an award in proceedings in which a party has failed or refused to participate, which type of award is usually described as a ‘default award’.