Mediation and Arbitration

ORS 36.690
Change of award by arbitrator


(1)

Upon request by a party to an arbitration proceeding, an arbitrator may modify or correct an award:

(a)

Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b)

Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c)

To clarify the award.

(2)

A request under subsection (1) of this section must be made and notice given to all parties within 20 days after the requesting party receives notice of the award.

(3)

A party to the arbitration proceeding must give notice of any objection to the request within 10 days after receipt of the notice under subsection (2) of this section.

(4)

If a petition to the court is pending under ORS 36.700 (Confirmation of award), 36.705 (Vacating award) or 36.710 (Modification or correction of award), the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(a)

Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b)

Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c)

To clarify the award.

(5)

An award modified or corrected pursuant to this section is subject to ORS 36.685 (Award) (1), 36.700 (Confirmation of award), 36.705 (Vacating award) and 36.710 (Modification or correction of award). [2003 c.598 §20]
Note: See note under 36.600 (Definitions).

Notes of Decisions

Under Former Similar Statute (Ors 36.350)

Although 20-day limitation period of this section was short period of time in which to file suit under Labor Management Relations Act, sec. 301, it was not so short that it "unduly qualifies or diminishes the federal right the cause of action seeks to protect." McNaughton v. Dillingham Corp., 707 F2d 1042 (1983)

In action by union under Labor Management Relations Act, section 301 to set aside arbitration decision, federal district court was correct in applying 20-day limitation period of this section. United Brotherhood of Carpenters and Joiners v. FMC Corp, 724 F2d 815 (1984)

In action by union to compel arbitration under National Labor Relations Act, 20-day limitation period under this section would conflict with federal labor policy. Millmen's Union Local No. 1120 v. Pay Less Drug, 589 F Supp 675 (1984)

§§ 36.600 to 36.740

Notes of Decisions

Uniform Arbitration Act applies to actions filed on or after January 1, 2004, regarding agreement to arbitrate, regardless of date of agreement. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitration Act applies to any arbitration agreement regardless of when arbitrating parties entered into agreement. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitration Act gives courts authority to deny motion to compel arbitration under arbitration clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)


Source

Last accessed
Jun. 26, 2021