Functus officio

Having discharged his office

Functus officio is a Latin term denoting that an official or body has fulfilled its official duties and thereby no longer possesses any further authority in the matter.

Functus officio is a legal concept of Latin origin, literally meaning “having fulfilled his office”. It refers to the situation in which a person or body that was competent to render a decision has lost that competence upon completion of the task.

The concept is particularly relevant in arbitration law and administrative law, where it precludes an arbitrator or administrative body from reconsidering a matter after a final decision has been rendered. It safeguards legal certainty and prevents decisions from being reopened indefinitely.

In practice, the principle is frequently invoked when a party seeks to have a ruling or decision reconsidered by the same body that has already rendered its decision.

“After the arbitral award was rendered, the arbitrator was functus officio and could no longer entertain requests for reconsideration.”

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