Additional Award, Arbitral Award, Arbitration, Functus Officio, New York, Partial award, United States
Does a Partial Final Award Render a Tribunal Partially Functus Officio? New York State High Court Weighs In
In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and corrected an earlier decision rendered in a “partial final award.” The Court concluded that arbitrators are not functus officio to reconsider an interim…