78B-11-125. Modification or correction of award.

204 words·~1 min read·/ut/title-78b/chapter-11/78b-11-125

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

(1)Upon motion made within 90 days after the movant receives notice of the award pursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modified or corrected award pursuant to Section 78B-11-121 , the court shall modify or correct the award if:

(a)there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

(b)the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(c)the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(2)If a motion made under Subsection

(1)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.

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

Renumbered and Amended by Chapter 3 , 2008 General Session