Originally from Alternatives to the High Cost of Litigation

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Arbitrators may issue different types of awards, including partial final, interim, or consent awards, as provided for in the agreement of the parties, the rules of the arbitration provider, or applicable law. This article examines these types of awards; Part 2 next month will look at final awards.

PARTIAL FINAL AWARDS

Partial final awards determine some issues with finality, but do not dispose of all issues submitted to arbitration. Where an award does not adjudicate all issues that have been submitted, the arbitrators’ function has not been exhausted as to the remaining issues, and the arbitration remains open for determination of the remaining issues. See A/S Siljestad v. Hideca Trading Inc., 541 F. Supp. 58, 61 (S.D.N.Y. 1981), aff ’d, 678 F.2d 391 (2d Cir. 1982) (finding that when decision of arbitrators did not purport to be final, rationale of functus officio doctrine was inapplicable); see, e.g., Revised Uniform Arbitration Act § 20(a) [referred to as RUAA below].