Modifying or Correcting Arbitration Awards under the Federal Arbitration Act

Grounds for Modifying or Correcting an Award under Federal Arbitration Act Section 11

For the most part a motion to modify an award is limited to correcting mathematical, typographical or other technical errors appearing on the face of the award, or severing from the award rulings on issues not submitted to the arbitrators (i.e., issues the parties did not ask the arbitrators to decide). See 9 U.S.C. § 11(a) (“evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award”); 9 U.S.C. § 11(c) (“award is imperfect in matter of form not affecting the merits of the controversy”); 9 U.S.C. § 11(b) (“arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted”). The court’s “order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.” 9 U.S.C. § 11. If a party only seeks modification or correction of an award, even if the challenging party prevails, the end result of the proceeding will be the court’s entry of a judgment on the modified or corrected award.