2. Types of arbitral awards

2. Types of arbitral awards

(i) Final awards 

A final award is the determination that disposes of all remaining matters in controversy between the parties. It typically addresses substantive issues, relief ordered, and the assessment of costs. Once a final award is published, the tribunal is generally functus officio, meaning its mandate is exhausted and it has no power to revisit the decision. This is subject to limited statutory exceptions for corrections, interpretations, or the issuance of additional awards. 

(ii) Interim or partial awards 

A tribunal may make an interim or partial award to determine some, but not all, of the matters in controversy. For example, a tribunal may decide on liability first, reserving the determination of quantum (damages) for a later stage. Despite the nomenclature, a partial award is final and binding regarding the specific matters it decides and cannot be revised by the tribunal merely because it has changed its mind. 

(iii) Consent awards (awards on agreed terms) 

If parties settle their dispute during the arbitration, they may request the tribunal to record the settlement as an award on agreed terms, commonly known as a consent award. The tribunal may refuse this request if the settlement appears to involve fraud or illegal acts like money laundering. Once made, a consent award has the same status and effect as an award on the merits. Additionally, under section 66(2) of the Arbitration Ordinance (Cap. 609), a written settlement agreement signed by the parties is treated as an arbitral award for enforcement purposes in Hong Kong. 

(iv) Additional awards 

Under section 69, a party may request an additional award to deal with claims that were presented during the proceedings but omitted from the original award. If the tribunal finds the request justified, it must generally make the additional award within 60 days. 

(v) Awards on interim measures 

A tribunal may issue a decision on an application for an interim measure (such as an injunction or asset preservation order) in the form of an award. This is specifically intended to facilitate enforcement in jurisdictions that only recognize “awards” rather than “orders”.  

It is crucial to distinguish between an “award” and an “interlocutory order” or “procedural direction”. Rulings on procedural matters (e.g., discovery of documents) are generally not awards. These orders are not subject to the exclusive setting-aside recourse under section 81 and are subject to a more restrictive enforcement regime under section 61.