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ARBITRATION LAW
195
Convention do not define or regulate arbitral awards and that the word
“award” does not refer only to final awards which address the entire
dispute. Therefore, “partial awards” are also “awards” in technical
meaning and should be enforceable.
The second ground is based on the fact that partial awards shall be
final and binding with regards to the part of the dispute for which the
award is rendered. However, for enforceability of such partial award, the
relevant part must be independent from other parts of the dispute and a
decision with regards to other parts of the dispute must not be required for
execution of the partial award.
Legal scholars also hold that partial awards are final on the matter to
which they are related and therefore they are different from interim awards
in this respect
3
. Accordingly, interim awards, unlike partial awards, may
be enforced only with the final award
4
. It follows that partial awards
may be enforced separately from final awards.
With respect to procedural law, it is stated that partial awards are final
for the related part of the dispute and they have the effect of “definitive
judgment” with regards to that part
5
. The judgment for the relevant part
is finalized with the partial award. Therefore, partial awards are also
final and the legal remedies under the
lex arbitri
for final awards may be
applied to partial awards
6
.
In addition to the scholarly opinions defending the enforceability of
partial awards, Article 15/1 (e) of the AIA should be mentioned. Said
article regulates the grounds for annulment of arbitral awards, and it
stipulates that the award may be annulled in the event it is proved that the
award is not rendered for the entire dispute. On the basis of this article,
it may be alleged that to render a partial award constitutes grounds for
annulment of the award and therefore partial awards cannot be enforced.
3
OZSUNAY, Ergun
; Uluslararası Ticari Tahkimde Hakem Kararı, Uluslararası Ticari
Uyuşmazlıklarda Kurumsal Tahkimin Güncel Sorunları, ITO Publications, 2004 -16, p. 154.
4
OZSUNAY
, p. 155.
5
YESILOVA, Bilgehan
; Milletlerarası Ticari Tahkimde Nihai Karardan Önce Mahkemelerin
Yardım ve Denetimi, Izmir 2008, p. 470.
6
YESILOVA
, p. 473.