Clerical Error Update
AF is always listening to our members regarding our products and services, making sure they provide the highest possible quality and member satisfaction.
Based on member feedback, the following change to the definition of Clerical Error (noted by underline) will be effective for all cases heard on and after July 1, 2017, with the exception of cases filed in the NYPIP forum.
"Clerical Error — A mistake made by Arbitration Forums' staff or the arbitrator(s). Examples of AF staff error include not providing proper notice of the Materials Due Date or not assigning a requested three-person panel. Arbitrator errors include mathematical errors; switching the parties when recording the liability decision; referencing the lack of or need for evidence that was, in fact, submitted; applying, on his/her own, a state regulation or statute from a state other than the loss state; or misapplying an AF Rule or procedure. It is at AF's sole discretion to determine whether a correctible error was made."
For further clarification on this change, please see Page 58 in the Reference Guide to Arbitration Forums' Agreements and Rules.
Article published in: August 2017 E-Bulletin