U.S. Court of Appeals for the Second Circuit. Photo: ALM
The U.S. Court of Appeals for the Second Circuit fell in line with five other circuits in recognizing an exception to the functus officio doctrine that allows arbitration panels to review final awards that generate conflict between the parties over some ambiguity.
The panel of Circuit Judges Rosemary Pooler, Richard Wesley and Denny Chin noted that the exception put it in line with Third, Fifth, Sixth, Seventh and Ninth circuit recognition of the issue.
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