The Concept, Conditions for Issuance, and Legal Effects of Partial Award in Arbitration: A Comparative Study of International Instruments and Iranian Law

Ebrahimpoor, Adel; Nasrollah Zadeh Sardrood, Sajjad; Mola Rasoli, Vahid

doi:10.22106/jlj.2025.2064047.6332

The Concept, Conditions for Issuance, and Legal Effects of Partial Award in Arbitration: A Comparative Study of International Instruments and Iranian Law

Articles in Press

Document Type : Research/Original/Regular Article

Authors

adel ebrahimpoor ¹

Sajjad Nasrollah Zadeh Sardrood ²

Vahid Mola Rasoli ³

¹ department of law, faculty of law and social sciences

² MA. Student in International Trade Law, Shahid Beheshti University, Tehran, Iran

³ MA. Student in Private Law, Tabriz University, Tabriz, Iran

10.22106/jlj.2025.2064047.6332

Abstract

In certain arbitral proceedings, tribunals may render decisions on matters that, while not constituting the primary subject of the dispute, are nonetheless essential for initiating or continuing the arbitration. These decisions commonly referred to as interim decisions, provisional measures, or partial awards raise important legal and procedural issues concerning the formation of the tribunal, the conduct of proceedings, the issuance of awards, and their recognition and enforcement. In some instances, such decisions may significantly impact the structure or content of the final award.
This article explores the concept, conditions for issuance, and legal effects of partial awards as a distinct category of arbitral awards. Despite the fact that certain national legislations and institutional arbitration rules expressly or implicitly recognize the authority of arbitral tribunals to issue partial awards, Iranian arbitration law appears to lack a specific provision on the matter. Nevertheless, a careful analysis of existing Iranian legal system suggests that the issuance of such awards may be inferred as permissible under the current legal framework.

Keywords

Arbitration

Partial Award

Final Award

Interim Award

Recognition and Enforcement of Arbitral Awards

Subjects