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