25-2614. Modification or correction of award.

266 words·~1 min read·/ne/chapter-25/25-2614

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

(a)Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when:

(1)There was an evident miscalculation of figures or an evident mistake in the description of any 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 and correct the award so as to effect its intent and shall confirm the award as so modified and 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.

Pursuant to subsection

(a)of section 25-2609, an arbitration award signed by only one of three arbitrators required to sign the award was defective in form but not in substance, and thus the parties were permitted to make application to modify or correct the award under subsection (a)(3) of this section. Hartman v. City of Grand Island, 265 Neb. 433, 657 N.W.2d 641 (2003).

Under subsection (a)(1) of this section, an "evident miscalculation of figures" occurs when there is a mathematical error in the arbitration award that is both obvious and unambiguous. Jones v. Summit Ltd. Partnership Five, 262 Neb. 793, 635 N.W.2d 267 (2001).