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 reconsider the award by reason of the "functus officio" doctrine.
July 24, 2017 at 05:00 PM
7 minute read
ADR
Parties often favor arbitration because it usually brings an immediate end to the litigation as the arbitrator lacks the authority to reconsider the award by reason of the “functus officio” doctrine.
But if the meaning or intent of the award is disputed by the parties, what must be considered in determining whether and how the award may be modified?
These issues were faced recently by a federal district court in Connecticut in a complex dispute between insurance companies involving the proper methodology for calculating recapture payments under the final award in General Re Life v. Lincoln National Life Insurance, No. 15-cv-1860, (VAB), 2017 U.S. Dist. Lexis 48860, (March 31).
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