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9 U.S.C. § 11 — Same; modification or correction; grounds; order

submitted 79 years ago by ch. 392 to r/title-9-ARBITRATION · 134 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court can fix small mistakes in an arbitration award. This includes math errors or wrong descriptions of people or property. It also covers minor form problems that don't change the real decision.

The U.S. court for the district where an award was made can modify or correct that award, if a party to the arbitration applies, and one of three things is true: (a) there is a clear and material mistake in the figures, or a clear and material mistake in describing a person, thing, or property named in the award; (b) the arbitrators decided a matter that was never submitted to them, unless that extra matter doesn't affect the merits of the decision on what was actually submitted; or (c) the award has a flaw in its form that does not affect the merits of the dispute. The court's order may modify and correct the award, to carry out what it was originally meant to do and to promote justice between the parties.
the actual law source: uscode.house.gov ↗public domain

In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration—

(a)

Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.

(b)

Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted.

(c)

Where the award is imperfect in matter of form not affecting the merits of the controversy.

The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

Source credit: (July 30, 1947, ch. 392, 61 Stat. 673.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of July 30, 1947, ch. 392 · 61 Stat. 673

A history note hasn’t been published yet. The record shows enactment by ch. 392 on 1947-07-30.

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