5-442. Change of award by arbitrator.

226 words·~1 min read·/ks/chapter-5/5-442

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:

(1)Upon a ground stated in K.S.A. 5-446 (a)(1) or (3), and amendments thereto;

(2)because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3)to clarify the award.

(b)A motion under subsection

(a)must be made and notice given to all parties within 20 days after the movant receives notice of the award.

(c)A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.

(d)If a motion to the court is pending under K.S.A. 5-444 , 5-445 or 5-446 , and amendments thereto, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(1)Upon a ground stated in K.S.A. 5-446 (a)(1) or (3), and amendments thereto;

(2)because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceedings; or

(3)to clarify the award.

(e)An award modified or corrected pursuant to this section is subject to K.S.A. 5-441 (a), 5-444 , 5-445 and 5-446 , and amendments thereto.