Michigan Laws 691.1704 – Modification or correction of award
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 691.1704
- Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Michigan Laws 691.1681
- Court: means the circuit court. See Michigan Laws 691.1681
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Michigan Laws 691.1681
(1) On motion made within 90 days after the moving party receives notice of the award under section 19 or within 90 days after the moving party receives notice of a modified or corrected award under section 20, the court shall modify or correct the award if any of the following apply:
(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 on the claims submitted.
(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 under this section may be joined with a motion to vacate the award.