(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.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
§55-10-2. Declaration of Public Policy; Legislative Findings
§55-10-5. When Article Applies
§55-10-6. Effect of Agreement to Arbitrate; Nonwaivable Provisions
§55-10-7. Application for Judicial Relief
§55-10-8. Validity of Agreement to Arbitrate
§55-10-9. Motion to Compel or Stay Arbitration
§55-10-10. Provisional Remedies
§55-10-11. Initiation of Arbitration
§55-10-12. Consolidation of Separate Arbitration Proceedings
§55-10-13. Appointment of Arbitrator; Service as a Neutral Arbitrator
§55-10-14. Disclosure by Arbitrator
§55-10-16. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs
§55-10-17. Arbitration Process
§55-10-18. Representation by Lawyer
§55-10-19. Witnesses; Subpoenas; Depositions; Discovery
§55-10-20. Judicial Enforcement of Preaward Ruling by Arbitrator
§55-10-22. Change of Award by Arbitrator
§55-10-23. Remedies; Fees and Expenses of Arbitration Proceeding
§55-10-24. Confirmation of Award
§55-10-26. Modification or Correction of Award
§55-10-27. Judgment on Award; Attorneys' Fees and Litigation Expenses
§55-10-31. Uniformity of Application and Construction
§55-10-32. Electronic Signatures in Global and National Commerce Act