February 13, 2020 Articles

No Functus Officio When Court Retains Jurisdiction in Final Arbitral Award

The Southern District of New York recently tackled the issue of whether a final award is functus officio if an arbitration panel retains jurisdiction.

By Kenneth E. Sharperson

The doctrine of functus officio holds that once an arbitrator renders a decision regarding the issues submitted, he or she lacks any power to reexamine that decision. The rationale behind the rule is a belief that it is necessary to prevent a reexamination of issues by a nonjudicial officer where there might have been further outside communication or undue influence post-hearing. 

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