5-442. Change of award by arbitrator. (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 K.S.A. 2021 Supp. 5-446(a)(1) or (3), and amendments thereto;
(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) must be made and notice given to all parties within 20 days after the movant receives notice of the award.
(c) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.
(d) If a motion to the court is pending under K.S.A. 2021 Supp. 5-444, 5-445 or 5-446, and amendments thereto, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) Upon a ground stated in K.S.A. 2021 Supp. 5-446(a)(1) or (3), and amendments thereto;
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceedings; or
(3) to clarify the award.
(e) An award modified or corrected pursuant to this section is subject to K.S.A. 2021 Supp. 5-441(a), 5-444, 5-445 and 5-446, and amendments thereto.
History: L. 2018, ch. 90, ยง 20; July 1.
Structure Kansas Statutes
Chapter 5 - Arbitration And Award
Article 4 - Uniform Arbitration Act
5-426 Effect of agreement to arbitrate; nonwaivable provisions.
5-427 Application for judicial relief.
5-428 Validity of agreement to arbitrate.
5-429 Motion to compel or stay arbitration.
5-431 Initiation of arbitration.
5-432 Consolidation of separate arbitration proceedings.
5-433 Appointment of arbitrator; service as a neutral arbitrator.
5-434 Disclosure by arbitrator.
5-436 Arbitrator immunity; competency to testify; attorney fees and costs.
5-438 Representation by lawyer.
5-439 Witnesses; subpoenas; depositions; discovery.
5-440 Judicial enforcement of pre-award ruling by arbitrator.
5-442 Change of award by arbitrator.
5-443 Remedies; fees and expenses of arbitration proceeding.
5-446 Modification or correction of award.
5-447 Judgment on award; attorney fees and litigation expenses.
5-451 Uniformity of application and construction.
5-452 Relationship to electronic signatures in global and national commerce act.