“Functus Officio and Remand in International Arbitration” Vol. 27 ASA Bulletin No. 3 (September 2009)


Under the arbitration laws of Model Law countries, England, the United States and Switzerland, there is the possibility of remand of a matter to the tribunal after the rendering of the final award. The circumstances vary, but they are often related to damages and jurisdiction. Some arbitration rules, such as the UNCITRAL and Swiss Arbitration Rules provide for additional awards within a limited period, which is an underused but potentially effective way of avoiding issues raised in remands. Other arbitration rules are lacking this type of provision. Few if any international arbitration rules deal with consequences of remands. As a result, the arbitral institutions and tribunals are left to work out on an ad hoc basis what should happen with respect to remands, which is a gap in the rules.