Mediation and Arbitration

ORS 36.710
Modification or correction of award


(1)

Upon petition filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700 (Confirmation of award), 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 note under 36.600 (Definitions).
§§ 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