What are the remedies for breach of an arbitration agreement?

Under New Jersey arbitration law, if a party breaches an arbitration agreement, the non-breaching party can seek a remedy for the breach. The remedies available to the non-breaching party depend on the situation. Generally, if the non-breaching party can show that they have been harmed by the breach, they may be entitled to damages. The damages available are those that will fairly and adequately compensate the injured party for the losses suffered. If the non-breaching party cannot show damages, they may be entitled to reasonable attorneys’ fees and costs. In certain circumstances, a court can also issue an injunction which orders the breaching party to do something or to refrain from doing something. In some cases, a court may also order specific performance, which is an order requiring the breaching party to perform their obligations under the agreement. Finally, a court may also issue a declaratory judgment, which is a formal declaration by a court as to the rights of the parties under an agreement. In conclusion, the remedies for breach of an arbitration agreement in New Jersey vary depending on the circumstances. Generally, the non-breaching party is entitled to damages, attorneys’ fees and costs, injunctive relief, specific performance, or a declaratory judgment.

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