Claims that fall within the scope of an arbitral interim award direction merge in the interim award upon its making, even if the claimant fails to adduce evidence or make submissions in support of them. The claimant's failure to prosecute such claims does not remove them from the scope of the interim award or preserve them for future determination. An arbitrator who is functus officio in respect of an interim award cannot subsequently alter the scope of matters determined by it. The scope of an interim award may be sufficiently identified by reference to the arbitrator's directions, pleadings and correspondence, and need not be recited in the award itself.
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