2017 ORS 36.690¹
Change of award by arbitrator

(1) Upon request by a party to an arbitration proceeding, an arbitrator may modify or correct an award:

(a) Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(2) A request under subsection (1) of this section must be made and notice given to all parties within 20 days after the requesting party receives notice of the award.

(3) A party to the arbitration proceeding must give notice of any objection to the request within 10 days after receipt of the notice under subsection (2) of this section.

(4) If a petition to the court is pending under ORS 36.700 (Confirmation of award), 36.705 (Vacating award) or 36.710 (Modification or correction of award), the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(a) Upon a ground stated in ORS 36.710 (Modification or correction of award) (1)(a) or (c);

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(c) To clarify the award.

(5) An award modified or corrected pursuant to this section is subject to ORS 36.685 (Award) (1), 36.700 (Confirmation of award), 36.705 (Vacating award) and 36.710 (Modification or correction of award). [2003 c.598 §20]

Note: See note under 36.600 (Definitions).

Notes of Decisions

Under Former Similar Statute (Ors 36.350)

Although 20-day limita­tion period of this sec­tion was short period of time in which to file suit under Labor Manage­ment Rela­tions Act, sec. 301, it was not so short that it “unduly qualifies or diminishes the federal right the cause of ac­tion seeks to protect.” McNaughton v. Dillingham Corp., 707 F2d 1042 (1983)

In ac­tion by union under Labor Manage­ment Rela­tions Act, sec­tion 301 to set aside arbitra­tion decision, federal district court was correct in applying 20-day limita­tion period of this sec­tion. United Brotherhood of Carpenters and Joiners v. FMC Corp, 724 F2d 815 (1984)

In ac­tion by union to compel arbitra­tion under Na­tional Labor Rela­tions Act, 20-day limita­tion period under this sec­tion would conflict with federal labor policy. Millmen’s Union Local No. 1120 v. Pay Less Drug, 589 F Supp 675 (1984)

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitra­tion Act gives courts authority to deny mo­tion to compel arbitra­tion under arbitra­tion clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.