Arbitration - Stockman Interhold V Arricano

Court rules arbitrator had jurisdiction to take into account matters which occurred after the award when award remitted

As the textbook Russell on Arbitration explains, "The remission of an award does not deprive it of legal effect. It continues to operate so as to make the tribunal "functus officio", unable to alter the award, on those matters which were not remitted". In this case, the arbitrator's jurisdiction was revived by virtue of a remission by the English court and an issue arose as to the extent of the revival of the arbitrator's jurisdiction. The defendant had made a claim for specific performance when it started the arbitration and had also indicated a claim for damages in lieu or, or in addition to, specific performance but had made no submissions as to quantum.