§ 50-55. Modification or correction of award.

192 words·~1 min read·/nc/chapter-50/50-55

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

(a)Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs:

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

(2)The arbitrators have awarded upon a matter not submitted to them, and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

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

(b)If the application is granted, the court shall modify or correct the award to effect its intent and shall confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

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

(d)The court may award costs, as provided in G.S. 50-51(f), of the application and subsequent proceedings. (1999-185, s. 1.)