§ 50-55 — Modification or correction of award

North Carolina § 50-55

• Jurisdiction: North Carolina
• Ch. 50: Divorce and Alimony
• Art. 3: Family Law Arbitration Act

Text

(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.)