The Code and post-award arbitral discretion

January 1, 1989

Synopsis By: Golick
Proceeding Author:
Dennis R. Nolan, Francis Xavier Quinn, Charles M. Rehmus
 

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and adopts the view that arbitrators are not functus officio until the job is finished. Arbitrator Nolan discusses several specific ethical issues and Arbitrator Quinn advises against the retention of jurisdiction unless necessary.


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