Synopsis By: Lurie - Proceeding Author: John E. Dunsford

Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit, serves the interests of the parties, the process and the judiciary. For example, it makes no sense to issue an award in which a remedy is prescribed in general terms (e.g., “make whole”) without retaining jurisdiction to resolve disputes over its meaning and application. But caution must be taken not to again address the merits. Subjects discussed include the Code of Professional Responsibility prohibition against post-award clarification or interpretation, scope of the arbitrator’s authority, and limitations upon functus officio.