Current through 2024, ch. 69
Section 44-7A-21 - Change of award by arbitrator(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]. Laws 2001, ch. 227, § 21.