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 Kansas. In the state of Kansas, the court may set a limit on how much a party can receive in an award. Generally, an arbitrator is not allowed to award more than each party can legally recover from the other in court. Another limit is that an arbitrator may not award punitive damages as a remedy. Punitive damages are awarded to punish a defendant for a bad act and should not be decided by an arbitrator. In other words, the arbitrator is not allowed to award punitive damages, nor can they award a larger amount than the parties would be entitled to in a court of law. In addition, the Kansas Supreme Court has imposed an additional limitation on awards. It stated that any award in an arbitration proceeding has to be no more than the amount that a party would be entitled to if the dispute was resolved in court. This means that the award cannot exceed the amount that each party would be allowed to receive in court. Therefore, it is important to be aware of the limitations on the awards that an arbitrator can make in Kansas before entering into an arbitration proceeding. Knowing these limits can help ensure that an award is fair and reasonable.
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