State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_21

§ 1‑569.21.  Remedies;fees and expenses of arbitration proceeding.

(a)        An arbitrator mayaward punitive damages or other exemplary relief if:

(1)        The arbitrationagreement provides for an award of punitive damages or exemplary relief;

(2)        An award for punitivedamages or other exemplary relief is authorized by law in a civil actioninvolving the same claim; and

(3)        The evidenceproduced at the hearing justifies the award under the legal standards otherwiseapplicable to the claim.

(b)        An arbitrator mayaward reasonable expenses of arbitration if an award of expenses is authorizedby law in a civil action involving the same claim or by the agreement of theparties to the arbitration proceeding. An arbitrator may award reasonableattorneys' fees if:

(1)        The arbitrationagreement provides for an award of attorneys' fees; and

(2)        An award ofattorneys' fees is authorized by law in a civil action involving the sameclaim.

(c)        As to all remediesother than those authorized by subsections (a) and (b) of this section, anarbitrator may order any remedies the arbitrator considers just and appropriateunder the circumstances of the arbitration proceeding. The fact that a remedycould not or would not be granted by the court is not a ground for refusing toconfirm an award under G.S. 1‑569.22 or for vacating an award under G.S.1‑569.23.

(d)        An arbitrator'sexpenses and fees, together with other expenses, shall be paid as provided inthe award.

(e)        If an arbitratorawards punitive damages or other exemplary relief under subsection (a) of thissection, the arbitrator shall specify in the award the basis in fact justifyingand the basis in law authorizing the award and state separately the amount ofthe punitive damages or other exemplary relief. (1973, c. 676, s. 1; 2003‑345,s. 2.)