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§ 171.091.Modifying or Correcting Award

Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter D. Court Proceedings · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 171.091 requires a court to modify or correct an award for an evident miscalculation or misdescription, a matter not submitted, or imperfect form, on application within 90 days, and to confirm the award either way.

Full Text of § 171.091

Text sizeJump to: (a) (b) (c) (d)

(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.
End

Plain-English Summary

The modification grounds, and every one of them is about the document rather than the decision.

An evident miscalculation of numbers is the first, along with an evident mistake in the description of a person, thing or property referred to in the award.

"Evident" is the operative word. The error must appear, not be argued into existence by reworking the arbitrators’ reasoning.

The second ground is an award on a matter not submitted, and it applies only where the correction can be made without affecting the merits of the issues that were submitted.

The third is imperfect form, in a manner not affecting the merits of the controversy.

All three leave the outcome alone. This section repairs an award; it does not review one.

The deadline matches vacatur. An application must be made no later than the 90th day after delivery of a copy of the award to the applicant.

Either result ends in confirmation. If the application is granted the court modifies or corrects the award to effect its intent and confirms it as modified; if not granted, the court confirms the award.

Pleading in the alternative is expressly allowed. An application to modify may be joined in the alternative with an application to vacate.

The arbitrators can do this too, and faster. Section 171.054 lets them modify or correct on these grounds within a 20-day window, or to clarify the award.

Frequently Asked Questions

When will a court modify an arbitration award?

For an evident miscalculation or misdescription, an award on a matter not submitted that can be corrected without affecting the merits, or imperfect form.

How long does a party have?

Ninety days after delivery of a copy of the award.

What happens if the application fails?

The court confirms the award.

Can a party seek vacatur and modification together?

Yes, in the alternative.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source