The award

Arbitral awards—types, requirements and effect

This Practice Note covers the types of awards that can be made in arbitration, including final, interim, provisional, default and consent awards. It sets out the requirements of an award and the remedies that the tribunal may order. The Note also deals with the important issues of the date of the award (which is important for appeal and challenge purposes), the way in which notice of the award is given and the effect of the award. It also covers the issue of costs, which may be dealt with in a separate award after the tribunal has made its decision on liability.

For more information, see Practice Note: Arbitral awards—types, requirements and effect.

Partial awards in arbitration

This Practice Note discuss various types of award that a tribunal may make before issuing its final award. An interim or partial award may be on a specific issue and may be issued at any time, though there are rules that must be followed for applications for awards on jurisdiction. This note covers the nature of an interim award (in that it is not

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Stay of application for injunction in favour of Arbitration (Hunt v IPS Law LLP and Others)

Arbitration analysis: The claimant, Mr Hunt, invested £1.05m in January 2023 through IPS Law LLP (‘IPS Law’), the second defendant, which was meant to hold the funds for the first defendant, Oceania Capital Reserves Ltd (‘Oceania’). IPS Law later apparently transferred the funds, but the circumstances in which that occurred (and the instructions on which IPS Law and its principal, Mr Farnell, the third defendant, relied) were unclear. Mr Hunt applied for an injunction to preserve the funds in IPS Law’s account. The defendants, in return, applied for a stay of the proceedings, arguing that the Investment Agreement between Mr Hunt and Oceania (with IPS Law as the ‘Investment Escrow Party’) referred disputes to arbitration. The court held that IPS Law was not a party to the arbitration clause and could not rely upon it under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) (Mr Farnell accepted he was not a party). The court decided, however, that there was a serious issue to be tried in relation to the handling of Mr Hunt’s funds and accordingly granted a proprietary injunction. The case addresses issues over the court’s jurisdiction to order a stay under section 9 of the Arbitration Act 1996 (AA 1996) and its ability to order relief where funds held in a solicitors’ client account have been paid away apparently without instruction. Written by Oliver Browne, partner, at Paul Hastings (Europe) LLP.

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