What are the remedies for breach of an arbitration agreement?

The remedies for breach of an arbitration agreement in Oregon vary depending on the type of breach. Generally, if one party to the arbitration agreement does not comply with the terms of the agreement, it could result in a court ordering specific performance of the agreement, meaning that the court will order the breaching party to abide by the agreement. Additionally, the court could award the non-breaching party money damages, including attorney’s fees, and order the breaching party to pay the non-breaching party’s costs and attorney’s fees. If the arbitration agreement is found to be invalid, then the court may set aside the arbitration award, meaning it will not enforce it, or declare the award void. In some cases, the court may also enter judgment against the breaching party in favor of the non-breaching party. It is important to note that all remedies for breach of an arbitration agreement are subject to the agreement itself. Depending on the terms of the arbitration agreement, the court may be limited in its ability to provide the remedies listed above, or the remedies may be subject to certain conditions. It is always best to consult with an attorney prior to the commencement of an arbitration proceeding to ensure that the potential remedies for breach are adequately addressed.

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