First Paragraph
The functus officio doctrine has long served as a foundational principle in the adjudicative systems of the United States. The doctrine, which emphasizes the finality of decisions set forth by adjudicators, is strictly interpreted in an arbitral context. However, recent circuit court decisions suggest that the principle is no longer being applied as rigorously. Rather than continuing to be a means for judicial oversight, the functus officio doctrine has shifted into a maxim that balances the concept of fairness in arbitration with the need for judicial expediency. A modern interpretation of this finality principle allows for arbitrators to modify awards in certain circumstances.
Recommended Citation
Claudia Hernandez, Functus Officio and the No Surprises Act: A Necessary Departure From Strict Finality, 17 Arb. L. Rev. 151 (2026).