functus officio


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See: defeasible

functus officio

‘of no further legal effect’, so it can be said that after sentencing the criminal the court is functus.
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Once an arbitrator had made and published a final award his authority is exhausted and he is functus officio and can do nothing more in regard to the subject matter of arbitration.
Yet functus officio has fallen under intermittent criticism for three decades.
Under functus officio, once a final award has been executed and delivered or declared, absent an exception, an arbitrator is powerless to vacate, modify, supplement, correct, (7) change, explain, (8) reconsider, (9) reopen, (10) revise, reexamine, (11) or withdraw (12) a final award.
Two Criticisms of Functus Officio in Federal Opinions
In Excelsior Foundry, the Seventh Circuit analyzed functus officio and found that the complained of post-award conduct fit within one of two recognized exceptions to the doctrine.
functus officio and all the other judgemade hostilities to arbitration went out with [the 1957 U.
Functus officio supports the finality of and decreases the costs of obtaining final arbitration awards.
It invites observers to value the worth of functus officio according to the effect of the arbitrator, unarguably the least important participant in an arbitration.
The exceptions to functus officio are underestimated in number and difficult to keep track of across the diverse federal fiefs.
The culling can be accomplished by judicial piecemeal or uniformly through legislation, through codifying certain of these exceptions, and the functus officio doctrine, within the federal and state arbitration codes--an effort that is already underway in state jurisdictions adopting the Uniform Arbitration Act or the Revised Uniform Arbitration Act.
Second, by acting after exhausting its jurisdiction, it will breach the functus officio (discharge of duty) doctrine.
It is because the disciplinary committee has become functus officio, which means it is no more in existence as it has completed the purpose for which it was created," a top BCCI official told M AIL T ODAY .