When Award Changed; Application for Change; Objection Thereto; Time for Disposition of Application

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Arbitration
  5. General Provisions
  6. Arbitration Code
  7. When Award Changed; Application for Change; Objection Thereto; Time for Disposition of Application

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  1. Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the award upon the following grounds:
    1. There was a miscalculation of figures or a 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.
    1. An application to the arbitrators for a change in the award shall be made by a party within 20 days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties.
    2. Objection to a change in the award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties.
    3. The arbitrators shall dispose of any application made under this Code section in a written, signed order within 30 days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.
    4. An award changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of awards by the court.

(Code 1933, § 7-312, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-91; Code 1981, §9-9-11, as redesignated by Ga. L. 1988, p. 903, § 1.)

Law reviews.

- For article, "Construction Law," see 53 Mercer L. Rev. 173 (2001). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).

JUDICIAL DECISIONS

Award modification vacated.

- Trial court properly vacated the modification of an existing award under O.C.G.A. § 9-9-13 after finding that the arbitration panel had overstepped its authority by modifying the merits of its award, when none of the statutory grounds for modification under subsection (a) of O.C.G.A. § 9-9-11 had been met. Conmac Corp. v. Southern Diversified Dev., Inc., 245 Ga. App. 895, 539 S.E.2d 532 (2000).

No ground existed for modification of arbitrator's award.

- Arbitrator had broad authority to consider any disputes arising out of the contract consistent with the parties' agreement for the sale of the home; the seller specifically submitted to the arbitrator its claim for the damages arising from the change orders as did the purchaser and thus the issue was properly submitted to the arbitrator and no ground existed for modifying the award which found that the seller was not entitled to keep the earnest money because it was in material breach but was entitled to actual damages for the approved changes. Henderson v. Millner Devs., LLC, 259 Ga. App. 709, 578 S.E.2d 289 (2003).


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