After the Award - Chapter 15 - Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Rocco M. Scanza and Jay E. Grenig both serve on the American Arbitration Association's labor panel.
Mr. Scanza is an Attorney, Arbitrator and Mediator of labor and employment disputes. He is also the Executive Director of Cornell University's Scheinman Institute on Conflict Resolution, where he teaches courses in workplace alternative dispute resolution. Mr. Scanza was formerly a national Vice President at the American Arbitration Association. He graduated from Queens College in New York City and Loyola Law School of Los Angeles. He lives and works in Ithaca, N.Y.
Mr. Grenig is a Professor of Law at Marquette University Law School. He has served as an arbitrator or mediator in over 2,000 labor and employment disputes. A member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif, Mr. Grenig is also a fellow of the College of Labor and Employment Lawyers. He formerly chaired the Labor and Employment Law Section of the Association of American Law Schools and served as a consultant to the National Commission on Employment Policy. He has written or co-written numerous books and articles.
§ 15:01 GENERALLY
A number of issues can arise after the parties have received the arbitrator’s award. (An arbitrator’s decision is normally referred to as the “award.”) Questions may arise with respect to interpretation or clarification of the award, modification of the award, confirmation of the award, or vacation of the award.
B. ARBITRATOR’S ROLE
§ 15:02 GENERALLY
The arbitrator’s role in the arbitration process ends when the award is issued. In legal terms the arbitrator is said to be “functus officio.” This means the arbitrator no longer has any power to reopen the hearing or modify the award without a new grant of authority. Even so, the courts may return an award to the arbitrator for clarification or modification where it is ambiguous or incomplete.