Form 7E:4 Motion to Modify Arbitration Award

{CAPTION - FORM 1B:1}

{PARTY}'S MEMORANDUM IN SUPPORT
OF MOTION TO MODIFY ARBITRATION AWARD

{Party} asks the court to modify the arbitration award in this case.

A. Introduction

1. Plaintiff is {name}; defendant is {name}.

2. Plaintiff sued defendant for {state basis of suit}.

3. The parties submitted the dispute to arbitration. On {date}, an arbitration hearing was held. On {date}, the {arbitrator/arbitration panel} issued an award in favor of {identify prevailing party} and granted {identify relief awarded}.

4. {Party} files this motion to modify the arbitration award and asks that the court {identify modification sought}.

B. Argument

5. A motion to modify an arbitration award must be served within three months after the award is filed or delivered. 9 U.S.C. §12. In this case, the award was {filed/ delivered} on {date}, and {party} served this motion on {date}. Therefore, this motion was timely served.

6. An arbitration award can be modified to eliminate mistakes not affecting the merits of the controversy. 9 U.S.C. §11. {See O'Connor's Federal Rules, "Modifying - grounds," ch. 7-E, §3.4, p. 517.}

{CHOOSE APPROPRIATE PARAGRAPHS 7-9}

7. The arbitration award should be modified because there was a {material miscalculation of figures/material mistake in the description of a person, thing, or property referred to in the award}. 9 U.S.C. §11(a). {Elaborate.} {See O'Connor's Federal Rules, "Evident miscalculation or mistake," ch. 7-E, §3.4.1, p. 517.}

8. The arbitration award should be modified because the award was based on a matter not submitted to the {arbitrator/arbitration panel}. 9 U.S.C. §11(b); Offshore Marine Towing, Inc. v. MR23, 412 F.3d 1254, 1256 (11th Cir. 2005); Kan. City Luggage & Novelty Workers Union, Local No. 66 v. Neevel Luggage Mfg. Co., 325 F.2d 992, 993-94 (8th Cir. 1964). {Elaborate.} {See O'Connor's Federal Rules, "Award on unsubmitted matter," ch. 7-E, §3.4.2, p. 517.}

9. The arbitration award should be modified because the form of the award was imperfect. 9 U.S.C. §11(c). {Party}'s requested modification does not affect the merits of the controversy. Atl. Aviation, Inc. v. EBM Group, Inc., 11 F.3d 1276, 1283-84 (5th Cir. 1994). {Explain, e.g., the error in the award is clerical.} {See O'Connor's Federal Rules, "Imperfect form of award," ch. 7-E, §3.4.3, p. 517.}

C. Attachments

10. In support of this motion to modify, {party} includes documents in the attached appendix, which is incorporated by reference. 9 U.S.C. §13. {Identify documents in appendix.} {Party} requests that the court include the attached documents with its order modifying the arbitration award.

D. Conclusion

11. {Briefly summarize the motion.} For these reasons, {party} asks the court to modify the arbitration award.