US Court of Appeals upholds exception to functus officio doctrine and remand to arbitrator to provide missing reasons for arbitration award

The United States Court of Appeals for the Second Circuit upheld a 26 February 2021 judgment of the United States District Court for the Southern District of New York:

• denying Smarter Tools Inc.’s petition to vacate an arbitral award; and
• granting Chongqing SENCI Import & Export Trade Co., Ltd.’s and its subsidiary Chongqing AM Pride Power & Machinery Co. Ltd.’s (collectively, “SENCI”) cross-petition to confirm that award.