Spring 2009 -
First Circuit: Arbitrator May Revisit and Clarify Award
Paul E. White
Arbitration rules typically prevent an arbitrator who has decided a dispute by issuing an award from later reconsidering the merits and revising the decision. The arbitrator usually may only make clerical corrections. But as SRBC's Paul White writes in a recent article in the Massachusetts Reinsurance Bar Association newsletter MReBA Cover Notes, the First Circuit has recently upheld an arbitrator's substantive revision of an award. The court held that the revision was permissible because it clarified the award, rather than altering the original result.
~ MReBA Cover Notes