§ 1875.Motion to Vacate Or Correct an Award
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1875
Amendment History
Added by Laws 2005, SB 873, c. 364, §25, eff. 1/1/2006.
Plain-English Summary
Section 1875 gives a court its own power to fix an award, distinct from the arbitrator's power to do so under Section 1871. On a motion filed within ninety days after the movant receives notice of the award, or ninety days after notice of a modified or corrected award, the court must modify or correct the award if there was an evident mathematical miscalculation or an evident mistake describing a person, thing, or property in the award; the arbitrator decided a claim that was never submitted, and the award can be corrected without touching the merits of the claims that were submitted; or the award is imperfect in some formal way that doesn't affect the merits of the decision on the submitted claims.
If the court grants the motion, it modifies or corrects the award and confirms it as corrected; if it doesn't, the court confirms the award anyway, unless a motion to vacate is still pending. Subsection C lets a party combine a motion to modify or correct with a motion to vacate the same award, so both issues get resolved together.
Frequently Asked Questions
Can a court fix a math error in an arbitration award?
Yes. Section 1875(A)(1) requires the court to correct an evident mathematical miscalculation or an evident mistake in describing a person, thing, or property in the award.
What if the arbitrator ruled on something nobody asked them to decide?
The court must correct the award if the arbitrator decided a claim not submitted, so long as the award can be fixed without affecting the merits of the claims that were properly submitted.
Can I ask the court to both modify and vacate the same award?
Yes. Subsection C lets a motion to modify or correct an award be joined with a motion to vacate it.
How is this different from asking the arbitrator to fix the award under Section 1871?
This section is the court's own power to modify or correct an award on the same kinds of grounds -- a math or form error, or an award on an unsubmitted claim -- through a motion to the court rather than to the arbitrator.