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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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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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