Are there limits to the award that can be made by an arbitrator?

Yes, there are limits to the award that can be made by an arbitrator in Washington. In Washington, the award must be based on the claims and evidence presented in the arbitration hearing and must be based on applicable law. Additionally, the award must not exceed the monetary and equitable relief requested in the parties’ pleadings unless the parties agree otherwise or unless otherwise specifically authorized in the contract or by statute. Under Washington law, the arbitrator can only award relief that is within the powers of the parties involved and is limited by the authority of the parties in the arbitration agreement. Also, the award must include all costs of the arbitration, including, but not limited to, attorney’s fees and costs, witness fees, and compensation for the arbitrator and the costs of any transcripts. In addition, Washington law recognizes the public policy in favor of the finality of arbitration awards; therefore, an arbitrator’s award cannot be set aside unless it is procured by corruption, fraud, or other undue means, the arbitrator exceeded their power, or the award is contrary to public policy. Thus, arbitrators in Washington must remain within the scope of the agreement between the parties to ensure that the award is enforceable.

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