What is a motion to modify or correct an arbitration award?
A motion to modify or correct an arbitration award is a type of motion allowed by Virginia’s Arbitration Law. This motion gives the court the right to modify or correct an arbitration award if the arbitration award contains a mistake or was decided based on an incorrect legal or factual basis. In order to make such a motion, the petitioner must allege that the award is not based on the law or evidence, is based on erroneous findings of fact, that there is an error, or that the award is incomplete or ambiguous. The motion must also include supporting evidence and must be filed within three months of the entry of the award. The court may then modify or correct the award in response to the motion. For example, a court may change the award to make it more clear, add an award for an overlooked issue, or to specify the facts of the case more accurately. The court may also reject the motion and not modify or correct the award if the court finds that the motion is without merit, or if the parties opted out of court review. Once the motion is granted, the modified or corrected award may be enforced in the same way as the original award. The decision to modify or correct an award is at the discretion of the court and all parties involved in the arbitration should be aware of this option.
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