32-29.3-21. Remedies - Fees and expenses of arbitration proceedings.
223 words·~1 min read·
/nd/title-32/chapter-32-29-3-uniform-arbitration-act/32-29-3-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. An arbitrator may award punitive damages or other exemplary relief if such an award
is authorized by law in a civil action involving the same claim and the evidence
produced at the hearing justifies the award under the legal standards otherwise
applicable to the claim.
2. An arbitrator may award reasonable attorney's fees and other reasonable expenses of
arbitration if such an award is authorized by law in a civil action involving the same
claim or by the agreement of the parties to the arbitration proceeding.
3. As to all remedies other than those authorized by subsections 1 and 2, an arbitrator
may order such remedies as the arbitrator considers just and appropriate under the
circumstances of the arbitration proceeding. The fact that such a remedy could not or
would not be granted by the court is not a ground for refusing to confirm an award
under section 32-29.3-22 or for vacating an award under section 32-29.3-23.
4. An arbitrator's expenses and fees, together with other expenses, must be paid as
provided in the award.
5. If an arbitrator awards punitive damages or other exemplary relief under subsection 1,
the arbitrator shall specify in the award the basis in fact justifying and the basis in law
authorizing the award and state separately the amount of the punitive damages or
other exemplary relief.