Document Type : Research/Original/Regular Article
Authors
1
Assistant Professor, Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran
2
Master's student in International Trade Law, Shahid Beheshti University, Tehran, Iran
3
Master's student in private law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran
10.22106/jlj.2025.2064047.6332
Abstract
In certain cases, the conditions for the issuance of an award by an arbitrator concern matters that may not constitute the parties’ primary purpose in resorting to arbitration; however, such matters are necessary for the commencement or continuation of the arbitral proceedings. These decisions, which are referred to by terms such as interim decisions, decisions on precautionary measures, and also partial awards, address important issues during the stages of the constitution of the arbitral tribunal, the conduct of arbitral proceedings, the issuance of the award, and its recognition and enforcement, which may affect the structure of the main award. Employing a descriptive-analytical method and a comparative approach, this research, in response to the question of what constitutes the concept, conditions for issuance, and effects of a partial award as one of the types of arbitral awards, concludes that, despite the fact that the national laws of certain countries and institutional arbitration rules have expressly or implicitly recognized the permissibility of issuing such an award, no provision appears to have been established in the law of Iranian in this regard. Nevertheless, upon closer examination of the existing provisions, the permissibility of issuing such an award can be inferred.
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