§ 1875 Motion to vacate or correct an award

Codes > Oklahoma Statutes > Title 12 > Chapter 38B > 1875

§ 1875. Motion to vacate or correct an award

   A. Upon application and motion made within ninety (90) days after movant receives notice of the award pursuant to Section 20 of this act [FN1] or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to Section 21 of this act, [FN2] the court shall modify or correct the award if:

      1. There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

      2. 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

      3. The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

   B. If a motion made under subsection A of this section 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.

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

   [FN1] O.S.L.2005, c. 364, § 20 [ Title 12, § 1870].

   [FN2] O.S.L.2005, c. 364, § 21 [ Title 12, § 1871].

   Former Uniform Arbitration Act (1956) was added at T. 15, § 801, et seq. and repealed by Laws 2005, c. 364. § 32, effective January 1, 2006.