State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-55

§50‑55.  Modification or correction of award.

(a)        Upon applicationmade within 90 days after delivery of a copy of an award to an applicant, thecourt shall modify or correct the award where at least one of the followingoccurs:

(1)        There is an evidentmiscalculation of figures or an evident mistake in the description of a person,thing, or property referred to in the award;

(2)        The arbitrators haveawarded upon a matter not submitted to them, and the award may be correctedwithout affecting the merits of the decision upon the issues submitted; or

(3)        The award isimperfect in a matter of form, not affecting the merits of the controversy.

(b)        If the applicationis granted, the court shall modify or correct the award to effect its intentand shall confirm the award as modified or corrected. Otherwise, the courtshall confirm the award as made.

(c)        An application tomodify or correct an award may be joined in the alternative with an applicationto vacate the award.

(d)        The court may awardcosts, as provided in G.S. 50‑51(f), of the application and subsequentproceedings. (1999‑185, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-55

§50‑55.  Modification or correction of award.

(a)        Upon applicationmade within 90 days after delivery of a copy of an award to an applicant, thecourt shall modify or correct the award where at least one of the followingoccurs:

(1)        There is an evidentmiscalculation of figures or an evident mistake in the description of a person,thing, or property referred to in the award;

(2)        The arbitrators haveawarded upon a matter not submitted to them, and the award may be correctedwithout affecting the merits of the decision upon the issues submitted; or

(3)        The award isimperfect in a matter of form, not affecting the merits of the controversy.

(b)        If the applicationis granted, the court shall modify or correct the award to effect its intentand shall confirm the award as modified or corrected. Otherwise, the courtshall confirm the award as made.

(c)        An application tomodify or correct an award may be joined in the alternative with an applicationto vacate the award.

(d)        The court may awardcosts, as provided in G.S. 50‑51(f), of the application and subsequentproceedings. (1999‑185, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-55

§50‑55.  Modification or correction of award.

(a)        Upon applicationmade within 90 days after delivery of a copy of an award to an applicant, thecourt shall modify or correct the award where at least one of the followingoccurs:

(1)        There is an evidentmiscalculation of figures or an evident mistake in the description of a person,thing, or property referred to in the award;

(2)        The arbitrators haveawarded upon a matter not submitted to them, and the award may be correctedwithout affecting the merits of the decision upon the issues submitted; or

(3)        The award isimperfect in a matter of form, not affecting the merits of the controversy.

(b)        If the applicationis granted, the court shall modify or correct the award to effect its intentand shall confirm the award as modified or corrected. Otherwise, the courtshall confirm the award as made.

(c)        An application tomodify or correct an award may be joined in the alternative with an applicationto vacate the award.

(d)        The court may awardcosts, as provided in G.S. 50‑51(f), of the application and subsequentproceedings. (1999‑185, s. 1.)

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