Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Foreword to the First Edition
- Chapter One Introduction to International Commercial Arbitration
- Chapter Two The Arbitration Agreement
- Chapter Three Drafting the Arbitration Agreement
- Chapter Four Applicable Laws and Rules
- Chapter Five Judicial Assistance for Arbitration
- Chapter Six The Tribunal
- Chapter Seven The Arbitral Proceedings
- Chapter Eight The Award
- Chapter Nine Attempts to Set Aside an Award
- Chapter Ten Enforcement of the Award
- Chapter Eleven Investment Arbitration
- Appendix A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- Appendix B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- Appendix C Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- Appendix D UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- Appendix E IBA Rules on the Taking of Evidence in International Arbitration
- Appendix F IBA Rules of Ethics for International Arbitrators 1987
- Appendix G IBA Guidelines on Conflicts of Interest in International Arbitration
- Appendix H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- Appendix I Model Clauses
- Appendix J Useful Arbitration Websites
- Index
- References
Chapter Eight - The Award
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface to the Second Edition
- Foreword to the First Edition
- Chapter One Introduction to International Commercial Arbitration
- Chapter Two The Arbitration Agreement
- Chapter Three Drafting the Arbitration Agreement
- Chapter Four Applicable Laws and Rules
- Chapter Five Judicial Assistance for Arbitration
- Chapter Six The Tribunal
- Chapter Seven The Arbitral Proceedings
- Chapter Eight The Award
- Chapter Nine Attempts to Set Aside an Award
- Chapter Ten Enforcement of the Award
- Chapter Eleven Investment Arbitration
- Appendix A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- Appendix B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- Appendix C Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- Appendix D UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- Appendix E IBA Rules on the Taking of Evidence in International Arbitration
- Appendix F IBA Rules of Ethics for International Arbitrators 1987
- Appendix G IBA Guidelines on Conflicts of Interest in International Arbitration
- Appendix H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- Appendix I Model Clauses
- Appendix J Useful Arbitration Websites
- Index
- References
Summary
Parties generally expect an arbitration to result in an award that will be final and binding. The widely accepted meaning of “award” is that it is the final decision by the arbitrators, dispositive of the issues in the case. Tribunals may issue “partial awards” or “interim awards,” however, which also may be final and binding on the parties. In addition, arbitrators may issue certain directions and orders during the course of the proceedings, which may be reviewable by the tribunal, and which do not constitute awards.
DIFFERENCE BETWEEN “ORDERS” AND “AWARDS”
Various laws, rules, and tribunals may use the terms “orders” and “awards” differently, but there are some generally accepted distinctions. The main difference between orders and awards is that orders are not usually reviewable by a court prior to the rendering of the final award, although they may be subject to review by the tribunal. Orders that are considered sufficiently final to permit judicial review, however, can in some instances be challenged in courts. In particular, orders for prehearing security have been found to be reviewable by some courts because of sufficient finality.
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2012