| (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:
Terms Used In Utah Code 78B-11-125- 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 Utah Code 78B-11-102
- Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102
- 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 Utah Code 78B-11-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (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
