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A survey of advocates discloses variations in preferences in arbitral styles, from tightly controlled hearings to an unstructured proceeding. All reject the overly active or overly passive arbitrator. All seek…

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Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong

Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an award is permissible without the…

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The Code and post-award arbitral discretion

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 guidance on the process, and…

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What happens after the arbitrator’s award? I. Introduction

A survey of HR managers and labor relations personnel indicated that 86% of the employees who were reinstated after discharge were still employed, and had not engaged in recidivism. The…

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The parties have a right to expect an arbitrator to answer the question presented, and to resolve that question with a final award when the hearing has concluded. Interim awards,…

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A discussion of some of the reasons functus officio hinders rather than promotes achievement of the objective of management-labor arbitration and the power of the arbitrator to make monetary awards….

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