78B-11-122 - Remedies -- Fees and expenses of arbitration proceeding.
78B-11-122. Remedies -- Fees and expenses of arbitration proceeding.
(1) An arbitrator may award punitive damages or other exemplary relief if the award isauthorized by law in a civil action involving the same claim and the evidence produced at thehearing justifies the award under the legal standards otherwise applicable to the claim.
(2) An arbitrator may award reasonable attorney fees and other reasonable expenses ofarbitration if the award is authorized by law in a civil action involving the same claim or by theagreement of the parties to the arbitration proceeding.
(3) As to all remedies other than those authorized by Subsections (1) and (2), anarbitrator may order any remedies as the arbitrator considers just and appropriate under thecircumstances of the arbitration proceeding. The fact that a remedy could not or would not begranted by the court is not a ground for refusing to confirm an award under Section 78B-11-123or for vacating an award under Section 78B-11-124.
(4) An arbitrator's expenses and fees, together with other expenses, must be paid asprovided 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 lawauthorizing, the award and state separately the amount of the punitive damages or otherexemplary relief.
Renumbered and Amended by Chapter 3, 2008 General Session