§ 7321.22. Remedies; fees and expenses of arbitration proceeding.

264 words·~1 min read·/pa/title-42/chapter-73/7321-22

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(a)Punitive damages.-- 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.

(b)Attorney fees and costs.-- An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the award is authorized by law in a civil action involving the same claim, by the agreement of the parties to the arbitration proceeding or by the terms of an agreement subject to arbitration.

(c)Additional remedies.-- As to all remedies other than those authorized by subsections

(a)and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 7321.23 (relating to confirmation of award) or for vacating an award under section 7321.24 (relating to vacating award).

(d)Arbitrator costs and fees.-- An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.

(e)Justification for punitive damages.-- If an arbitrator awards punitive damages or other exemplary relief under subsection (a), 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.

42c7321.23s