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.
The authors respond to questions and receive comments about the retention of jurisdiction in the United States and in Canada.
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,… Read More »Implementing remedies and retaining jurisdiction1. Retaining jurisdiction: (1) The U.S. perspective
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.… Read More »Implementing remedies and retaining jurisdiction2. Retaining jurisdiction: (2) The U.S. perspective
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,… Read More »Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
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… Read More »Should arbitrators retain jurisdiction over awards?O functus officio: Is it time to go?
Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he… Read More »Other people’s messes: The arbitrator as cleanup hitter
Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an… Read More »Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
A brief history of the statutory federal labor relations program is given, followed by discussions of the Civil Service Reform Act, the scope of arbitral… Read More »Arbitration forums revisited: Federal sector arbitration: A management viewpoint
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… Read More »The Code and post-award arbitral discretion
The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or… Read More »The arbitrator’s immunity from suit and subpoena