§ 5678 - Modification of award - Vermont Statutes

§ 5678. Modification of award

(a) Upon application of a party to confirm, modify or vacate an award, and made within 30 days after delivery of a copy of an award to the applicant, the court may submit the award to the arbitrators for modification or may consider modification under this section.

(b) If the court considers modification, it shall modify the award where it finds:

(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.

(c) If modification is granted, the court shall modify the award so as to effect its intent and shall confirm the award as so modified and corrected.

(d) An application to modify an award shall be made within 30 days after delivery of a copy of the award to the applicant. It may be joined in the alternative with an application to vacate the award. (Added 1985, No. 95, § 2.)