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§ 1286.8.Petition and Response Required to Be Duly Served and Filed to Correct Award

Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 1. Confirmation, Correction or Vacation of the Award · Enacted 1961 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1286.8 bars the court from correcting an award unless a petition or response requesting correction has been duly served and filed, or, where only vacation was requested, all parties are before the court or have received reasonable notice and an opportunity to show why the award should not be corrected.

Full Text of § 1286.8

Text sizeJump to: (a) (b)

The court may not correct an award unless:
(a) A petition or response requesting that the award be corrected has been duly served and filed; or
(b) A petition or response requesting that the award be vacated has been duly served and filed and:
(1) All petitioners and respondents are before the court; or
(2) All petitioners and respondents have been given reasonable notice that the court will be requested at the hearing to correct the award or that the court on its own motion has determined to correct the award and all petitioners and respondents have been given an opportunity to show why the award should not be corrected.

Plain-English Summary

This section mirrors Section 1286.4's structure, but for correction instead of vacation. The ordinary path requires a petition or response specifically requesting that the award be corrected, duly served and filed.

Where only a request to vacate the award was served and filed, but the court ends up considering correction instead, correction is still permitted -- but only if all petitioners and respondents are already before the court, or all of them received reasonable notice that correction will be considered and an opportunity to show why the award should not be corrected. The same fair-warning principle that protects parties from an unannounced vacation protects them from an unannounced correction as well.

Frequently Asked Questions

Can the court correct an award when only vacation was requested?

Yes, if all parties are before the court, or all parties received reasonable notice that correction would be considered and a chance to respond.

What is the baseline requirement for the court to correct an award?

A petition or response specifically requesting correction must have been duly served and filed.

Amendment History

Added by Stats. 1961, Ch. 461.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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