What is the meaning of functus officio?
Related Content. The doctrine of functus officio (that is, having performed his office) holds that once an arbitrator renders a decision regarding the issues submitted, he lacks any power to reexamine that decision. This principle is well established in international arbitration, and is accepted in many national laws.
What if an arbitrator makes a mistake?
The AAA’s Rules allow the arbitrator to change her or his final award, but only for very limited reasons and within a very short time frame. AAA Rules say that a party may ask the arbitrator to correct any clerical, typographical, or computational errors in a final award.
What is the meaning of ex Debito Justitiae?
Definition of ex debito justitiae : of or by reason of an obligation of justice : as a matter of right.
Can an arbitrator be revoked?
According to the Federal Arbitration Act (FAA), which pre-empts state law, arbitration agreements are valid, irrevocable and enforceable, except for reasons that exist for revoking any contract. The challenge is creating an arbitration agreement that cannot be revoked by controlling contract law.
What is non Liquet?
“it is not clear
The term non liquet originated in Roman law and means “it is not clear.” It refers to a situation in which a competent court or tribunal fails to decide the merits of an admissible case for whatever reason, be it the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice …
What is an example of moot?
The definition of moot is a subject that is not worthy of discussion because it has been resolved. An example of moot is whether or not to allow prayer in public school. Moot is defined as to bring something up to discuss or debate. An example of moot is a motion being proposed in a debate class.
Can you object in arbitration?
An objection based on relevance may be stated simply as “that matter is not before the Arbitrator today.” Stating objections in such terms may also help you when you know that what is being said is objectionable, but you cannot recall the legal prohibition or specific rule that is applicable.
What does functus officio mean in law?
Functus officio. When used in relation to a court, it may also mean whose duty or authority has come to an end. “Once a court has passed a valid sentence after a lawful hearing, it is functus officio and cannot reopen the case.”.
Is JIT functus officio?
It is further argued that the JIT has become functus officio with the conclusion of main case regarding alleged billions of rupees money laundering through fake bank accounts.
What is the difference between res judicata and functus officio?
There is an important difference between res judicata and functus officio: the former refers to the end of a case, while the latter refers to the expiration of an office. Functus officio derives from “fungere”: to perform, end or expire.
Should military head of State be functus officio on the Constitution?
The Military Head of State would be functus officio on the promulgation of the new Constitution. ‘In our opinion, the Tariff Commission should declare the investigation and release of the report functus officio, or moot and academic, and cancel the safeguard duty immediately for noncompliance [of the Safeguard Measures Act],’ it concluded.