12-3021

12-3021. Remedies; fees and expenses of
arbitration proceeding

(Eff.1/1/11)

A. 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. An arbitrator may award reasonable attorney fees and other reasonable expenses
of arbitration only if that award is authorized by law in a civil action involving the
same claim or by the agreement of the parties to the arbitration proceeding.

C. As to all remedies other than those authorized by subsections A and B of this
section, 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 12-3022 or for vacating an award under section 12-3023.

D. An arbitrator's expenses and fees, together with other expenses, must be paid as
provided in the award.

E. If an arbitrator awards punitive damages or other exemplary relief under
subsection A of this section, 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.