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§ 8.01-581.011.Modification or correction of award.

Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026

In one sentenceWithin ninety days of receiving the award, a party can ask the court to modify or correct it for an evident miscalculation or misdescription, an award on an issue never submitted, or a mere form defect, and the court then confirms the award as fixed, or as originally made if the application fails.

Full Text of § 8.01-581.011

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Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
2. The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
3. The award is imperfect in a matter of form, not affecting the merits of the controversy.
If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

Plain-English Summary

Not every flaw in an arbitration award calls for starting over. This section handles the smaller category of fixable mistakes — the kind that do not touch the substance of what the arbitrators decided. Courts can modify or correct an award on three grounds: an evident miscalculation of figures or an evident mistake in describing a person, thing, or property named in the award; the arbitrators ruled on something nobody submitted to them, and removing that ruling would not disturb their decision on the issues that were submitted; or the award is imperfect in form without affecting the merits of the dispute.

The application has to come within ninety days after the award is delivered to the applicant. If the court grants it, the award gets fixed to reflect what the arbitrators plainly intended, and the court confirms it as modified. If the court denies the application, the original award stands and gets confirmed as made — either way, the process ends in a confirmed award, not a blank slate.

This remedy can travel alongside a motion to vacate. A party unsure which fits better can ask for both in the alternative, letting the court sort out whether the flaw calls for a full vacatur or just a targeted fix.

Frequently Asked Questions

What kinds of mistakes can a court fix under this section?

An evident miscalculation of figures or an evident mistake in describing a person, thing, or property in the award; an award on a matter that was never submitted to the arbitrators, correctable without affecting the merits of the issues that were submitted; or an award that is imperfect in form without affecting the merits of the controversy.

How long does a party have to apply to modify or correct an award?

The application must be made within ninety days after delivery of a copy of the award to the applicant.

What happens if the court grants the application?

The court modifies and corrects the award to reflect its intent and then confirms the award as modified and corrected.

What happens if the court denies the application?

The court confirms the award as originally made.

Can a party ask to both vacate and modify the same award?

Yes, an application to modify or correct an award may be joined in the alternative with an application to vacate the award.

Amendment History

1986, c. 614.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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