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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…

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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…

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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…

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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…

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

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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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