Modifying the Award

• Author: David A. Allgeyer
• Pages: 129-134

129

Modifying the Award

In the last couple of chapters we considered vacating arbitra-

tion awards. But what if a party simply wants to fix part of an

award?

In Chapter 16, we dealt with the related subject of asking

the arbitrator or panel to correct an award. As noted, there isn’t

too much room for correction by the arbitrator under AAA and

similar rules. Only correction of clerical, typographical, or com-

putational errors is allowed. The arbitrator cannot redetermine

the merits. This is also true under the functus officio doctrine

whether or not AAA or other rules apply.1

Would an attempt to modify the award fare any better in a

proceeding in court under the FAA? Probably not, but it depends

on the specifics.

FAA Section 11 deals with this aspect of the question:

In either of the following cases the United States court

in and for the district wherein the award was made

may make an order modifying or correcting the award

upon the application of any party to the arbitration—

(a) Where there was an evident material miscalcula-

tion of figures or an evident material mistake in the

description of any person, thing, or property referred

to in the award.

1

See Local P-9 v. Hormel, 776 F.2d 1393, 1394 (8th Cir. 1985).

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