Originally from:
The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition - Hardcover
The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition - Electronic
CHAPTER 11
POST-AWARD MATTERS
In addressing post-award matters, arbitrators’ goals are to
act promptly and appropriately while avoiding (1) alteration
of the award, except on the limited grounds permitted by
applicable law and rules; and (2) conduct that might give
rise to allegations of partiality or bias.
I. INTRODUCTION
This chapter addresses best practices for arbitrators faced with issues
that arise after an award is entered. Section II addresses limitations on
changing or altering an award. Unless the parties have agreed otherwise,
arbitrators may not change or modify a decision on the merits of a dispute
after a final award is entered. Such awards may be modified or amended
only in limited situations, and such modifications do not include changing
the decision. The permitted grounds for modifying or amending an award
are found in the common law, state arbitration acts, the FAA, and
sometimes in the rules governing the arbitration proceeding.
Section III addresses an arbitrator’s duty when a reviewing court
remands an arbitration award. Although remands are rare, arbitrators
should respond timely to a remand order and in accordance with the court’s
direction, while following ethical guidelines. A checklist of matters for
arbitrators to consider when responding to a remand order is included at
the end of Section III.
Section IV addresses certain ethical issues that might arise subsequent to
the issuance of a final award. Ethical issues that have continuing relevance
after the issuance of a final award include the duty of confidentiality,
avoidance of inappropriate contact with counsel or parties, and the
obligation to avoid making impermissible changes to final awards.
