Arbitrators’ Authority to Reconsider and Modify Awards Under US Law: Functus Officio and Beyond

Thomson Reuters Practical Law. (October 2020)

October 2020

The article examines the scope and rationale for the common law functus officio doctrine, what constitutes a “final” award subject to the functus officio doctrine, including when interim or partial awards may be deemed final, the recognized exceptions to the functus officio doctrine, the impact of institutional rules adopted by the parties on the arbitrators’ authority to reconsider and modify their awards, and the arbitrators’ authority to modify awards following court remand.