Caldwell & Kearns, P.C.
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Can I modify or change my arbitration award? P.2

Previously, we looked at some of the circumstances under which an arbitration award may be vacated. In addition to that, there are also cases where an arbitration award may be modified or corrected. Such circumstances include cases where the arbitration award reflects a miscalculation of figures or an incorrect description of a person, property or thing in the award.

Modification or correction can also be granted in cases where an arbitrator issues an award on an issue that was not submitted to the arbitration and it is possible to correct the award without affecting the decision based on the issues that were submitted. A third type of cases where correction or modification can be granted is when the award has some type of formal deficiency which does not affect the merits of the case. 

An application to vacate, modify or correct an arbitration award must be made within 30 days after a copy of the award is delivered. One exception with applications to vacate is cases involving corruption, fraud, or misconduct, for which an application may be submitted within 30 days after the corruption, fraud, or misconduct is known or should have become known. Participants in arbitration may submit an application to modify or correct an arbitration award along with an alternative application to vacate. Whether that is a desirable strategy depends on the circumstances of the case.

Navigating the arbitration process, from negotiation arbitration agreements to actually going through the arbitration process, is not always an easy matter. It is critical, of course, to work not only with an experienced arbitrator, but also with experienced counsel to ensure one is best positioned for a favorable outcome.

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