Sec. 171.091. MODIFYING OR CORRECTING AWARD. (a) On application, the court shall modify or correct an award if:
(1) the award contains:
(A) an evident miscalculation of numbers; or
(B) an evident mistake in the description of a person, thing, or property referred to in the award;
(2) the arbitrators have made an award with respect to a matter not submitted to them and the award may be corrected without affecting the merits of the decision made with respect to the issues that were submitted; or
(3) the form of the award is imperfect in a manner not affecting the merits of the controversy.
(b) A party must make an application under this section not later than the 90th day after the date of delivery of a copy of the award to the applicant.
(c) 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. If the application is not granted, the court shall confirm the award.
(d) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 7 - Alternate Methods of Dispute Resolution
Chapter 171 - General Arbitration
Subchapter D. Court Proceedings
Section 171.082. Application to Court; Fees
Section 171.083. Time for Filing
Section 171.084. Stay of Certain Proceedings
Section 171.085. Contents of Application
Section 171.086. Orders That May Be Rendered
Section 171.087. Confirmation of Award
Section 171.088. Vacating Award
Section 171.089. Rehearing After Award Vacated
Section 171.090. Type of Relief Not Factor
Section 171.091. Modifying or Correcting Award
Section 171.092. Judgment on Award
Section 171.093. Hearing; Notice
Section 171.094. Service of Process for Initial Application
Section 171.095. Service of Process for Subsequent Applications