[9.27] However, there are real dangers in trying to isolate crucial issues at an early stage of the procedure. The nature of the dispute and the way in which the parties present their arguments may change in the course of the proceedings, and it is not unknown that the parties radically change their affairs to resort to an interim indemnity for liability. When this happens, no time and money savings will be achieved, and the result will be the opposite of what is expected. In addition, the process of awarding a preliminary award itself can be time-consuming and expensive. It is suggested that, as a general rule, an arbitral tribunal does not decide on its own initiative to issue a partial award,36 but should do so only at the request of one of the parties. If both parties agree that a partial award is to be rendered, the arbitral tribunal shall follow the agreement of the parties. Where only one party requests a partial award, a court empowered to make such an award should not take its decision whether or not to comply with the request until it has received the submissions of both parties and has given each party a reasonable opportunity to explain its views. The characterization [of a decision as an arbitral award] does not depend on the terms used by the arbitrators or the parties. After five months of deliberation, the arbitral tribunal issued the “order” of 14 May 1998 by which, after a lengthy examination of the parties` positions, it declared that the application could not be granted because Brasoil had not proved the existence of fraud, as alleged. This reasoned decision, by which the arbitrators took into account the contradictory theories of the parties and examined in detail whether they were well founded, and finally resolved the dispute between the parties over the admissibility of Brasoil`s request for review by rejecting it, thus terminating the dispute submitted to them, appears to be an exercise of its jurisdiction by the arbitral tribunal. Notwithstanding its classification as a `decision`, the decision of 14 May 1998 .

is therefore in fact an arbitral award.13 [9.39] Sometimes the question arises as to the role of an arbitral tribunal, which is requested by the parties to make an award by consent ordering the enforcement of an unlawful act. This may be, for example, the manufacture of an internationally prohibited drug or smuggling, or perhaps, more realistically, an agreement that clearly violates relevant competition or antitrust laws. At one time, various sets of rules (including ICC rules prior to 1998) did not seem to leave the court with discretion, but modern rules and laws allow the arbitral tribunal to refuse an award of assent.45 In a divorce, the court is often asked to make a decision on how to divide matrimonial property between the parties. After taking into account the nature of the matrimonial property, including debts, and the total monetary value of the property, the judge will assign certain elements to each spouse. In some states of common property, the allocation of property to each spouse is as close as possible to half of the total. In other states, the division rule is “just,” meaning that the judge decides how much of the assets is fair to each spouse. “award” means a final arbitral award covering all matters before the arbitral tribunal and any other decision of the arbitral tribunal making a final decision on any question of fact or on the question of its jurisdiction or any other procedural question, but in the latter case only if the arbitral tribunal designates its decision as an arbitral award.7 This provision grants the judicial authority discretion; Emphasize the impossibility of ensuring international applicability at the time the award is rendered. [9.25] An example of a situation in which partial arbitration may be useful is when there is a dispute between the parties about the law(s) applicable to the case. If this is not resolved at an early stage, the parties must plead their respective arguments by referring to different legal systems. They may even need to provide evidence from lawyers experienced in each of these different systems. In such circumstances, it may be useful for the arbitral tribunal to issue a preliminary decision on the question of applicable law. [9.37] No restrictions are imposed by national law or international or institutional arbitration rules, so that once initiated, the parties cannot terminate them by agreement.

On the contrary, an agreement is upheld without exception and it may be possible to have it included in an agreed arbitral award. Article 30 of the Model Law provides for such an agreed award; Article 36, paragraph 1, of the UNCITRAL Rules provides that a regulation must be established by order or by an arbitral award: (2) The tribunal may, inter alia, make an arbitral award relating to: the award must be secure and formulated in such a way that, prima facie, there can be no reasonable doubt as to the importance of the arbitrator, or with respect to the nature and extent of the rights it imposes on the parties. An example of such uncertainty can be found in the following cases: An arbitral award ordering a party to undertake to enjoy land silently, without specifying the amount to which the debtor should be bound. Again, an indemnity that one should give a guarantee to the other, for the payment of a sum of money or the accomplishment of a certain action, if the type of guarantee is not specified. arbitrium is judicium. The letter that contains such a judgment is also called a sentence. [9.24] The main disadvantage of partial arbitration is that it creates another avenue of judicial review (and the resulting delay).