West Virginia Code § 55-10-26

Modification or correction of award
Open in Lexace · Ask the AI about this section
(a) Upon motion made within ninety days after the moving party receives notice of the award
pursuant to section nineteen of this article or within ninety days after the moving party
receives notice of a modified or corrected award pursuant to section twenty-two of this
article, the court shall modify or correct the award if:
(1) There was an evident mathematical miscalculation or an evident mistake in the
description of a person, thing or property referred to in the award;
(2) The arbitrator has made an award on a claim not submitted tuo the arbitrator and the
award may be corrected without affecting the merits of the decision upon the claims
submitted; or
(3) The award is imperfect in a matter of form not affeacting the merits of the decision on the
claims submitted.
(b) If a motion made under subsection (a) of this section 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 ithe award.
(c) A motion to modify or correct an award pursuant to this section may be joined with a
motion to vacate the award.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.