Modifying an Arbitration Award Due to 'Evident Miscalculation'
Miscalculation of an award by an arbitrator represents one of the few grounds warranting modification. But what evidence and what procedures are required by a court when reviewing a contention of arbitrator miscalculation?
July 26, 2018 at 02:52 PM
1 minute read
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ADR
D.W. Caldwell v. W.G. Yates & Construction rd
- The arbitrator's award.
- Written arguments by the attorneys in their trial court motions and appellate briefs.
- Oral arguments presented to the judge on the motion to limit proof.
- All documents agreed by the parties to have been part of the record before the arbitrator.
Abraham J. Gafni is a retired judge and mediator/arbitrator with ADR Options. He is also a professor of law emeritus at the Villanova University Charles Widger School of Law.
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