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§ 7509.Modification of award by arbitrator

Article 75. Arbitration · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 7509 lets a party ask the arbitrator, rather than the court, to fix formal errors or narrow flaws in an award within twenty days of delivery, on the same grounds a court would use to modify it under CPLR 7511.

Full Text of CPLR 7509

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On written application of a party to the arbitrators within twenty days after delivery of the award to the applicant, the arbitrators may modify the award upon the grounds stated in subdivision (c) of section 7511. Written notice of the application shall be given to other parties to the arbitration. Written objection to modification must be served on the arbitrators and other parties to the arbitration within ten days of receipt of the notice. The arbitrators shall dispose of any application made under this section in writing, signed and acknowledged by them, within thirty days after either written objection to modification has been served on them or the time for serving said objection has expired, whichever is earlier. The parties may in writing extend the time for such disposition either before or after its expiration.

Plain-English Summary

An arbitrator's authority doesn't necessarily end the moment the award is delivered. CPLR 7509 gives a party twenty days from delivery to ask the arbitrators themselves to modify the award, on the same limited grounds a court could use under CPLR 7511(c) — things like a miscalculation, a misdescription, or an award that reaches beyond what the parties submitted.

The process has its own built-in timeline. The party seeking modification must give written notice to the other parties, who then have ten days from receiving that notice to serve a written objection. The arbitrators must resolve the application in writing within thirty days after an objection is served, or after the time to object runs out, whichever comes first — though the parties can extend that thirty-day period in writing, before or after it expires.

This keeps small, correctable errors from becoming a reason to run to court. The arbitrators can fix the formal problem, but the section doesn't let them revisit the substance of what they decided.

Frequently Asked Questions

Can I ask the arbitrator to fix a mistake in the award instead of going to court?

Yes. CPLR 7509 lets a party apply to the arbitrators within twenty days of delivery to modify the award on the same grounds available under CPLR 7511(c).

How long do I have to apply for modification of an arbitration award?

Twenty days after the award is delivered to you, under CPLR 7509.

What happens after I apply to modify an award under CPLR 7509?

Other parties get written notice and have ten days to object in writing, and the arbitrators must resolve the application within thirty days after an objection is served or the objection period expires, whichever is earlier.

Can arbitrators change their decision on the merits when modifying an award?

No. CPLR 7509 lets arbitrators correct formal errors — like a miscalculation or an award on an issue never submitted — but it doesn't let them reconsider the substance of their decision.

Can the twenty-day deadline for modification under CPLR 7509 be extended?

The statute doesn't extend the twenty-day window to apply, though the parties may agree in writing to extend the thirty-day period the arbitrators have to resolve an application once it's made.

Advisory Committee Notes

This section is new and is adopted from Uniform Arbitration Act § 9. Under former law, once an award had been rendered, the authority of the arbitrators ceased and they could not change or correct the award in any manner. This section permits arbitrators to correct formal errors or clarify their intent but not to re-examine the grounds of the award or to alter the decision. Such a provision is in keeping with the expectation of the parties and relieves the court of the burden of making such a correction or being compelled to invalidate the award. See Pirsig, The Uniform Arbitration Act, The Business Lawyer 44, 50 (1956); Note, Commercial Arbitration in Indiana and the Proposed Uniform Act, 31 Ind LJ 401, 407 n 68 (1956); Eng Arb Act, 1950, § 17 (The Annual Practice 1956). When a motion is pending under § 7511, the court may await the arbitrators’ disposition of an application under this section, if one has been made, or it may submit the award to the arbitrators directing their modification or correction. An award modified under this section is subject to the provisions of §§ 7510 and 7511.

The fourth sentence limits the time within which the modification must be made. The sentence was recommended by the Arbitration Committee of the Association of the Bar of the City of New York and also accords with a suggestion by the Arbitration Law Committee of the American Arbitration Association.

The last sentence makes explicit provision to extend the time during which the arbitrators may dispose of an application under this section.

Amendment History

Add, L 1962, ch 308, eff Sept 1, 1963.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
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