12-3024. Modification or correction of award

(Eff.1/1/11)

A. On motion made within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 12-3020, the court shall modify or correct the award if either:

1. There was an evident mathematical miscalculation or an evident mistake in the description of a person or thing or property referred to in the award.

2. The arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted.

3. The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

B. If a motion made under subsection A of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

C. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.

12-3024. Modification or correction of award

(Eff.1/1/11)

A. On motion made within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 12-3020, the court shall modify or correct the award if either:

1. There was an evident mathematical miscalculation or an evident mistake in the description of a person or thing or property referred to in the award.

2. The arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted.

3. The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

B. If a motion made under subsection A of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

C. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.