Tag Archives: functus officio

It’s Not Over Until It Is Over

In reinsurance arbitrations, once the arbitration panel issues its final award its job is over.  That’s what the doctrine of functus officio means.  But there are exceptions to the functus officio rule (see our Blog from November 2018).  Additionally, what happens when a panel retains jurisdiction after issuing the final award?  In a recent case, … Continue Reading

Second Circuit Affirms Exception to Functus Officio Rule in Arbitration

In 2017, we discussed a reinsurance case where the district court articulated an exception to the functus officio rule that allows for clarification of an arbitral award.  The Second Circuit has now affirmed that decision and joins the Third, Fifth, Sixth, Seventh and Ninth Circuits in allowing this exception.… Continue Reading

Arbitration Award Clarification Confirmation

Generally, when an arbitration panel issues a final award the panel is “functus officio“; its powers expired and its duties relieved because it has finished its work and there’s no more to be done.  Sometimes, however, an arbitration panel will retain jurisdiction for a period of time after the final award is issued in case … Continue Reading
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