West Virginia § 55-10-22 Change of award by arbitrator

West Virginia Statutes

§ 55-10-22 — Change of award by arbitrator

West Virginia § 55-10-22

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 10ARBITRATION

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Bluebook

W. Va. Code § 55-10-22 (2026).

Text

(a)On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:

(1)Upon a ground stated in section twenty-six of this article;

(2)Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3)To clarify the award.

(b)A motion under subsection (a) of this section must be made and notice given to all parties within twenty days after the moving party receives notice of the award.

(c)A party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice.

(d)If a motion to the court is pending under section twenty-four, twenty-five or twenty-six of this article, the court may submit the claim to

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(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:

(1) Upon a ground stated in section twenty-six of this article;

(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) To clarify the award.

(b) A motion under subsection (a) of this section must be made and notice given to all parties within twenty days after the moving party receives notice of the award.

(c) A party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice.

(d) If a motion to the court is pending under section twenty-four, twenty-five or twenty-six of this article, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(1) Upon a ground stated in section twenty-four of this article;

(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) To clarify the award.

(e) An award modified or corrected pursuant to this section is subject to sections twenty-one, twenty-four, twenty-five and twenty-six of this article.