NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Acknowledging that arbitrators disagree on whether jurisdiction should be retained following issuance of the decision, and giving examples where the retention of jurisdiction was efficacious, if not essential, the author advises his fellow arbitrators, “don’t worry about retaining jurisdiction if circumstances call for it. The process, the parties, and the grievants will all be better …

Read more

The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry out an award’s intent, and further advocates amendment of Section 6.D.1. of the Code of Professional Responsibility accordingly.

Read more