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Implementing remedies and retaining jurisdiction3. Panel discussion

The authors respond to questions and receive comments about the retention of jurisdiction in the United States and in Canada.

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In Canada, the findings of whether the agreement has been violated and the remedy therefore are separate, the latter determined by a board of arbitration. The author examines the history of functus officio in Canada, and the circumstances under which the retention of jurisdiction, and the scope thereof, has been considered valid. He concludes that …

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Examples of arbitrators’ practices that deviate from the parties’ expectations in the hearing and decision writing. Over familiarity with a party, expediting the procedure for personal convenience or to meet another commitment, independent fact-finding or seeking more evidence than is offered, failing to issue a timely award, and overwriting or making editorial comments are cited.

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