What are the remedies for breach of an arbitration agreement?

In Pennsylvania, the remedies for breach of an arbitration agreement depend on the nature of the breach. If one party breaches the agreement by failing to appear at an arbitration hearing, the other party can seek a contempt order from the court. This would require the breaching party to appear at the hearing or face potential sanctions such as fines or jail time. If the breach concerns something more substantial, such as refusing to abide by the arbitrator’s decision, the aggrieved party can seek a court order that would enforce the arbitrator’s decision. This would allow the aggrieved party to collect damages or seek any other relief that was provided for in the arbitrator’s decision. In addition, the aggrieved party can seek a breach of contract claim as a remedy for a breach of an arbitration agreement. This requires the breaching party to pay the non-breaching party for any damages suffered as a result of the breach. Such damages would typically include the costs associated with the arbitration, such as attorneys’ fees and the cost of the hearing. Finally, the aggrieved party may also seek to have the breach declared “willful and malicious”, meaning that the breaching party knew that they were breaching the agreement and did so anyway. If found guilty of willful and malicious breach, the breaching party could be held liable for punitive damages as a punishment.

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