October 2020 – Gretta Walters recently published a blog post titled “Does a Partial Final Award Render a Tribunal Partially Functus Officio? New York State High Court Weighs In” on Kluwer Arbitration Blog. The post analyzes a recent decision by the New York Court of Appeals, rejecting an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and corrected an earlier decision rendered in a “partial final award.” The Court concluded that arbitrators are not functus officio to reconsider an interim or partial decision, unless there is “express, mutual agreement between the parties” that such decision is to “have the effect of a final award.”
Read the entire blog post on Kluwer Arbitration Blog.
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