LD 1218
pg. 68
Page 67 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 69 of 94
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LR 468
Item 1

 
remand the matter back to the arbitrators. The revised
alternative is based on the Minnesota version of the UAA. Minn.
Stat. Ann. §572.16; see also 710 Ill. Comp. Stat. Ann. 5/9; Ky.
Rev. Stat. 417.130.

 
2. Section 20 serves an important purpose in light of the
arbitration doctrine of functus officio which is "a general
rule in common law arbitration that when arbitrators have
executed their awards and declared their decision they are
functus officio and have no power to proceed further." Mercury
Oil Ref. Co. v. Oil Workers, 187 F.2d 980, 983 (10th Cir.
1951); see also International Bhd. of Elec. Workers, Local
Union 1547 v. City of Ketchikan, Alaska, 805 P.2d 340 (Alaska
1991); Chaco Energy Co. v. Thercol Energy Co., 97 N.M. 127,
637 P.2d 558 (1981). Under this doctrine when arbitrators
finalize an award and deliver it to the parties, they can no
longer act on the matter. See 1 Domke on Commercial
Arbitration §§22:01, 32:01 (Gabriel M. Wilner, ed. 1996)
[hereinafter Domke]. Indeed because of the functus officio
doctrine there is some question whether, in the absence of an
authorizing statute, a court can remand an arbitration
decision to the arbitrators who initially heard the matter. 1
Domke §35:03.

 
3. The grounds in Section 20(a) and (d) are essentially the
same as those in UAA Section 9, which provides the parties
with a limited opportunity to request modification or
correction of an arbitration award either (1) when there is an
error as described in Section 24(a)(1) for miscalculation or
mistakes in descriptions or in Section 24(a)(3) for awards
imperfect in form or (2) "for the purpose of clarifying the
award." Chaco Energy Co. v. Thercol Energy Co., 97 N.M. 127,
637 P.2d 558 (1981) (finding an amended arbitration award for
purposes other than those enumerated in statute is void).

 
Section 20(a)(2) and (d)(2) include an additional ground for
modification or correction that is based on FAA Section
10(a)(4) where an arbitrator's award is either so imperfectly
executed or incomplete that it is questionable whether the
arbitrators ruled on a submitted issue. See, e.g., Flexible
Mfg. Sys. Pty. Ltd. v. Super Prods. Corp., 86 F.3d 96 (7th
Cir. 1996); Americas Ins. Co. v. Seagull Compania Naviera,
S.A., 774 F.2d 64 (2nd Cir. 1986).

 
4. The benefit of a provision such as Section 20 is evident
in a comparison with the FAA, which has no similar provision.
Under the FAA, there is no statutory authority for parties to
request arbitrators to correct or modify evident errors.
Furthermore the FAA has only a limited exception in FAA
Section 10(a)(5) for a
court to order a rehearing before the arbitrators when an
award is vacated and the time within which the agreement
required the award to be issued has not expired. This lack of
a statutory basis both for arbitrators to clarify a matter
and, in


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