The court opined that an arbitrator becomes functus officio (without authority) in the absence of an extension beyond the agreed period to make and publish the award.
The disqualification may, however, get overturned as experts say the speaker has been rendered functus officio status -- an officer whose mandate has expired.
The arbitral tribunal refused to decide on the challenge, since it considered itself already functus officio (ie, discharged from the duties of office).
The trial judge, who agreed with the argument, held that indeed his court had become functus officio of the matter, and subsequently declined jurisdiction.
