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Seeking Clarification of an Ambiguous Arbitration Award


Seeking Clarification of an Ambiguous Arbitration Award

Seeking Clarification of an Ambiguous. Arbitration Award. Judge Abraham J. Gafni (Ret.) Published on July 24, 2017 in The Legal Intelligencer.

Seeking Clarification of an Ambiguous Arbitration Award

Parties often favor arbitration because it usually brings an immediate end to the litigation as the arbitrator lacks the authority to ...

Seeking Clarification of an Ambiguous Arbitration Award

Judge Abraham J. Gafni. (Ret.) CELEBRATING OUR 25TH YEAR IN BUSINESS. Seeking Clarification of an Ambiguous · Arbitration Award.

Review, reconsideration, and correction of an arbitration award by ...

The federal common law allows arbitrators to correct facially apparent mistakes, clarify ambiguities, and complete incomplete awards. (Teamsters, supra, 109 F.

Does Final Mean Final? Arbitrators Can “Clarify” Award, Second ...

28, 2018), the Second Circuit Court of Appeals[1] recognized “an exception to functus officio: where an arbitration award is ambiguous, . . .

Arbitration Award Clarification Confirmation - Casetext

There are also judicial exceptions to the functus officio doctrine, which allow an arbitration panel to correct a mistake apparent on the face ...

Clarifying an Otherwise Final Award: An Exception to the Functus ...

When applied to arbitrations, the term means that once a final arbitration award has issued, there is no further authority for the arbitration ...

Seeking Clarification of an Ambiguous Arbitration Award - Law.com

Parties often favor arbitration because it usually brings an immediate end to the litigation as the arbitrator lacks the authority to ...

Interpreting Ambiguous Domestic and Foreign Arbitral Awards

... ambiguous award, courts retain authority to vacate and may seek clarification from the arbitrator. See Gen. Re Life Corp. v. Lincoln Nat'l ...

In Exception to Functus Officio, Arbitrators Retain Authority to Clarify ...

The final award is ambiguous; · The clarification "merely clarifies" the award instead of substantively modifying it; and.

Clarification of Arbitration Awards - jstor

will come to the court seeking an enforcement order. If the award is ar- guably ambiguous or incomplete, the union may also seek, in the alter- native, an ...

The Functus Officio Problem in Modern Arbitration and a Proposed ...

If a party upon reading an award that arbitration law or rules treats as final, learns that the tribunal has overlooked or misapprehended a key ...

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign ...

Judge Sweet seeks to bring clarity to the law concerning the judicial treatment of international arbitral awards in particular, holding that “ ...

SDNY Remands Arbitration Award for Clarification and Denies ...

In deciding to remand for clarification, the court noted that when a district court is “asked to confirm an ambiguous award,” which is “ ...

Arbitrators Granted More Power To Modify Their Own Award

The drafters were seeking to avoid circumstances where a second arbitration would be necessary to clarify what the initial award failed to ...

Get it right the second time: remand of arbitral awards to correct or ...

But arbitrators and parties should be aware that numerous courts recognise a “clarifying exception” to the functus officio doctrine that permits ...

Federal Court Enforces FINRA Arbitration Award - Maya Murphy, P.C.

Courts are required to enforce arbitration awards only as written by the arbitrator; therefore, if an arbitration award is ambiguous, it is unenforceable and ...

Arbitration. Remand of Ambiguous Award. District court ... - Lexology

Arbitration. Remand of Ambiguous Award. District court remands ambiguous portion of award to arbitrator for clarification, while confirming the ...

Second Circuit Joins Sister Circuits' Ambiguous Arbitration Award ...

The appellate court joined five other circuits in providing arbitrators the ability to clarify awards should a dispute arise over ambiguous ...

Arbitrators' Authority to Reconsider and Modify Awards Under US Law

The parties sought a final determination of liability, thereby ... to Functus Officio, Arbitrators Retain Authority to Clarify · Ambiguous Award: ...