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S.D. Codified Laws § 21-25A-28

Grounds for modification or correction of award

Known as the Uniform Arbitration Act

The act spans §§ 21–21 (38 sections).

Applied in 2 court decisions — leading case Western Casualty & Surety Co. v. Gridley (1985)

Most recently applied in Azcon Construction Co. v. Golden Hills Resort, Inc. (April 1993)

Source: SL 1971, ch 157, § 14.

Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.