(a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated, or, when the court is not in session, any judge thereof, shall make an order modifying or correcting the award if it finds any of the following defects: (1) If there has been 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; (2) if 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 matters submitted; or (3) if the award is imperfect in matter of form not affecting the merits of the controversy.
(b) The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
(1949 Rev., S. 8162; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 158.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators.
Does not empower court to make a correction which affects the merits of the controversy. 136 C. 205. Cited. 141 C. 606; 146 C. 17. Addition by court of “no” as answer to submitted question, where award was denied, was allowed. 151 C. 650. Cited. 160 C. 411; 163 C. 327; 167 C. 315; 176 C. 401; 178 C. 557; 179 C. 678; 183 C. 579; 189 C. 560; 190 C. 14; Id., 707; 196 C. 623; 197 C. 26; 200 C. 376; 206 C. 113; 208 C. 352; 209 C. 280; 212 C. 83; 216 C. 612; 217 C. 110; 218 C. 646; 224 C. 758; 234 C. 123; 239 C. 32.
Cited. 2 CA 346; 4 CA 577; 16 CA 711; 17 CA 280; 29 CA 484; 30 CA 157; 33 CA 1; 34 CA 27; 35 CA 338; Id., 638; 39 CA 122; 44 CA 415; 45 CA 769.
Cited. 15 CS 120; 16 CS 137; 18 CS 237; 20 CS 97; 29 CS 25; 42 CS 336; 45 CS 130.
Subsec. (a):
Does not apply to voluntary arbitration where there has been no evident material miscalculation of figures or evident material mistake in description of any thing or property referred to in the award. 93 CA 704.
Subdiv. (1): No modification of award is warranted where claimed miscalculation, due to failure of arbitrators to make award payable over a period of time, is not evident from the face of the award. 52 CS 295.
Subsec. (c):
Although it is true that statute authorizes correction of an award by Superior Court, correction is made only on the timely application of a party to the arbitration. 149 C. 687.
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