(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs:
(1) There is an evident miscalculation of figures or an evident mistake in the description of a 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.
(b) If the application is granted, the court shall modify or correct the award to effect its intent and shall confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
(d) The court may award costs, as provided in G.S. 50-51(f), of the application and subsequent proceedings. (1999-185, s. 1.)
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2003–2024 · leading case:
Semon v. Semon, 587 S.E.2d 460 (N.C. Ct. App. 2003).
Semon v. Semon, 587 S.E.2d 460 (N.C. Ct. App. 2003).
· cites it 26× “Modification and Correction of an Arbitration Award N.C. Gen. Stat. § 50-55 (2001) of The Family Law Arbitration Act sets forth the procedures for the modification and correction of an arbitration award: (a) Upon application made within 90 days after delivery of a copy of an…”
Barton v. Barton, 715 S.E.2d 529 (N.C. Ct. App. 2011).
· cites it 15× “” N.C. Gen. Stat. § 50-55 (a)(1) (2009). If an arbitrator makes a mistake, either as to law or fact unless it is an evident mistake in the description of any person, thing or property referred to in the award .”
Gallagher-Masonis v. Masonis (N.C. Ct. App. 2024).
· cites it 9× “”); N.C. Gen. Stat. § 50-55 (2023) (“Modification or correction of award.”
N.C. Gen. Stat. § 50-55(a)(1): 2 cases
Barton v. Barton, 715 S.E.2d 529 (N.C. Ct. App. 2011).
“” N.C. Gen. Stat. § 50-55 (a)(1) (2009). If an arbitrator makes a mistake, either as to law or fact unless it is an evident mistake in the description of any person, thing or property referred to in the award .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.