When Precisely Does The Arbitrator Become 'Functus Officio'? To What Extent Can The Scottish Court Of Session Exercise Supervision Over Arbiters Before And After He Becomes 'Functus'? A Case Note - SIM Group Ltd v Jack & Anr
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
While, in simple terms, it might seem obvious that an arbitrator becomes functus officio when he has rendered his final award, the circumstances of the SIM Group case show that complications can yet arise. In addition, while England rejoices in a modern codified Arbitration Act substantially consistent with the Model Law, approximately half the New York Convention countries do not have such a law and, in consequence, the inter-relationship between arbitrators and the local State Courts is often more complicated and unclear, e.g. relying on extensive case law in the absence ...