Current through Register 1533, October 25, 2024
Section 23.08 - Clarification, Modification, or Correction of the Award(1)Standards. (a)Clarification. The arbitrator may clarify the award if it is so indefinite or incomplete that it cannot be performed.(b)Modification or Correction. The arbitrator may modify or correct the award if there is: an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in an award; or if the award is imperfect in a matter of form not affecting the merits of the controversy.(2)Procedure. (a)Joint Request. A joint request for clarification, modification, or correction of an award must be submitted to the Department within 14 days after the requesting parties have received the award. The arbitrator may extend the time for submitting such a request upon good cause shown. The arbitrator shall promptly determine whether to grant the request. The arbitrator may call a conference with the parties to consider the request. The arbitrator shall then promptly notify the parties in writing of the disposition of the request.(b)Unilateral Request. A unilateral request for clarification, modification, or correction of an award shall be submitted to the Department within 14 days after the requesting party has received the award. The arbitrator may extend the time for submitting such a request upon good cause shown. Such a request shall be served at the same time upon the opposing party's counsel or representative in accordance with 456 CMR 12:02: Service, When Required. The arbitrator shall give the opposing party an opportunity to respond or raise objections to the request. Any such response or objection shall be received by the arbitrator within seven days after the opposing party has received a copy of the request. The arbitrator shall then determine whether to proceed as set forth in 456 CMR 23.08(1).Amended by Mass Register Issue 1322, eff. 9/23/2016.