LD 1218
pg. 87
Page 86 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 88 of 94
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LR 468
Item 1

 
without affecting the merits of the decision upon the
claims submitted; or

 
C.__The award is imperfect in a matter of form not
affecting the merits of the decision on the claims
submitted.

 
2.__Confirmation of award.__If a motion made under
subsection 1 is granted, the court shall modify or correct and
confirm the award as modified or corrected.__Otherwise, unless
a motion to vacate is pending, the court shall confirm the
award.

 
3.__Joinder of motions.__A motion to modify or correct an
award pursuant to this section may be joined with a motion to
vacate the award.

 
§8725.__Judgment on award; attorney's fees and litigation
expenses

 
1.__Entry of judgment.__Upon granting an order confirming,
vacating without directing a rehearing, modifying or
correcting an award, the court shall enter a judgment in
conformity therewith.__The judgment may be recorded, docketed
and enforced as any other judgment in a civil action.

 
2.__Reasonable costs.__A court may allow reasonable costs of
the motion and subsequent judicial proceedings.

 
3.__Reasonable attorney's fees and expenses.__On application
of a prevailing party to a contested judicial proceeding under
section 8722, 8723 or 8724, the court may add reasonable
attorney's fees and other reasonable expenses of litigation
incurred in a judicial proceeding after the award is made to a
judgment confirming, vacating without directing a rehearing,
modifying or correcting an award.

 
Uniform Comment

 
1. The same sections in the UAA (Sections 14, 15) and a
similar section in the FAA (Section 13 regarding judgments and
docketing) as well as in RUAA Section 24(a) included court
orders confirming, modifying or correcting awards but not
vacating awards. There is no explanation in the legislative
history or the case law under the UAA or the FAA for the
omission of the inclusion of vacatur in reference to judgments
and recording judgments. The indication from the cases is that
courts that vacate arbitration awards refer to the vacatur
orders as judgments. In its version of the UAA Arizona states
that courts that vacate awards should enter a "judgment."
Ariz. Rev. Stat. § 12-1512 (1994). There are other state
appellate decisions which refer to vacatur orders as
"judgments." Judith v. Graphic


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