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Is It Time To Counteract the Functus Officio Doctrine? (New York Law Journal)

New York Law Journal, August 6, 2021

Is It Time To Counteract the Functus Officio Doctrine?

Recognizing these inefficiencies and the lack of a clear source of power for arbitrators to correct more substantive errors and omissions in awards, in April 2021, the Arbitration Committee of the New York City Bar publish a report concerning the functus officio doctrine, which included a proposed solution to address its application in the arbitration context. Arbitration Committee of the New York City Bar Association, The Functus Officio Problem in Modern Arbitration and a Proposed Solution.

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