Section 435.410

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 435

Effective - 28 Aug 1980   

  435.410.  Modification or correction of award. — 1.  Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:

  (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.

  2.  If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected.  Otherwise, the court shall confirm the award as made.

  3.  An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

­­--------

(L. 1980 H.B. 1203 § 13)