(1) Upon petition filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700, 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 petition made under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a petition to vacate is pending, the court shall confirm the award.
(3) A petition to modify or correct an award pursuant to this section may be joined with a petition to vacate the award.
(4) A party filing a petition under this section must serve a copy of the petition on all other parties to the proceedings. [2003 c.598 §24]
Note: See notes under 36.600.Section: Previous 36.670 36.675 36.680 36.685 36.690 36.695 36.700 36.705 36.710 36.715 36.720 36.725 36.730 36.735 36.740 Next
Last modified: August 7, 2008