(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(1) upon a ground stated in Section 25(a)(1) or (3) [44-7A-25 NMSA 1978];
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(b) A motion under Subsection (a) must be made and notice given to all parties within twenty days after the movant receives notice of the award.
(c) A party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice.
(d) If a motion to the court is pending under Section 23, 24 or 25 [44-7A-23, 44-7A-24 or 44-7A-25 NMSA 1978], the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) upon a ground stated in Section 25(a)(1) or (3) [44-7A-25 NMSA 1978];
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(e) An award modified or corrected pursuant to this section is subject to Sections 20(a), 23, 24 and 25 [44-7A-20, 44-7A-23, 44-7A-24 and 44-7A-25 NMSA 1978].
History: Laws 2001, ch. 227, § 21.
ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Period for arbitrators' action set by agreement. — Where an arbitration agreement establishes a period beyond which the arbitrators cannot act, it does not prevent them from deciding and disposing of the matter before the expiration of the prescribed period. It does not extend their authority once they make a decision intended to be final and binding on the parties. Chaco Energy Co. v. Thercol Energy Co., 1981-NMSC-127, 97 N.M. 127, 637 P.2d 558.
Findings required as to offset against proceeds already received. — Trial court erred in confirming arbitration award without clarification from arbitrators whether offsets for settlement proceeds already received were included in the award calculations. Casias v. Dairyland Ins. Co., 1999-NMCA-046, 126 N.M. 772, 975 P.2d 385, cert. denied, 127 N.M. 389, 981 P.2d 1207.
Effect of amended award. — An amended award for purposes other than those specified in Section 44-7-13A NMSA 1978 [now Section 44-7A-25 NMSA 1978] is void and of no effect. Chaco Energy Co. v. Thercol Energy Co., 1981-NMSC-127, 97 N.M. 127, 637 P.2d 558.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d. Alternative Dispute Resolution § 210.
Award or decision by arbitrators as precluding return of case to, or its reconsideration by them, 104 A.L.R. 710.
Time and jurisdiction for review, reopening, modification or reinstatement of award or agreement, 165 A.L.R. 9
6 C.J.S. Arbitration § 119.