Yasmine Lahlou, Andrew Poplinger and Silvia Marroquin Analyze Arbitrators’ Power to Reconsider and Modify Awards Under US Law

October 2020 – Yasmine Lahlou, Andrew Poplinger and Silvia Marroquin recently published an article titled, “Arbitrators’ Authority to Reconsider and Modify Awards Under US Law: Functus Officio and Beyond” in Thomson Reuters Practical Law. 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.
• The arbitrators’ authority to modify awards following court remand.

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