Can an arbitrator award punitive damages?
In Washington, an arbitrator can award punitive damages as long as it is allowed by the contract between the parties. Punitive damages are not available as a remedy under state law, so an arbitrator can only award them if the parties agreed to it in their contract. The purpose of punitive damages is to punish a party for egregious conduct, and to deter others from engaging in similar conduct in the future. Punitive damages must be clearly stated in the contract terms in order for an arbitrator to be able to award them. The court will not allow an award of punitive damages unless the parties had an agreement that specifically authorized it. The parties must also provide specific evidence of bad conduct that would justify awarding punitive damages. It is important to note that punitive damages are rarely awarded in arbitration proceedings in Washington. This is because punitive damages serve to punish a party for bad conduct, and arbitration is intended to be a less adversarial way to settle disputes. In summary, an arbitrator in Washington can award punitive damages if the parties have agreed to it in their contract, and there is evidence of egregious conduct. However, punitive damages are rarely awarded in arbitration proceedings due to the nature of arbitration.
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