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…

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…

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…

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…

A summary of court decisions and opinions that serve as instructive touchstones on topics that overlap with grievances submitted to arbitration.

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