§ 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
Full Text of § 171.091
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.