What are the remedies for breach of an arbitration agreement?
Under Washington law, remedies for breach of an arbitration agreement may include specific performance, an injunction, or damages. Specific performance is a court order that requires the party that breached the agreement to do what was promised in it, usually in a very specific way. An injunction is a court order that requires the breaching party to stop doing something or to do something else instead. Damages is money awarded by the court to compensate the wronged party for losses as a result of the breach, such as lost profits or consequential damages. For parties to a contract involving an arbitration agreement, another possible remedy is to have the court enforce the arbitration agreement. If the breach is the refusal to participate in the arbitration process, the court may order the party to do so. If the breach involves a refusal to abide by the arbitrator’s award, the court may confirm the award and may enter a judgment for the amount of the award. In addition to the remedies described above, Washington law also allows the parties involved in the breach of an arbitration agreement to recover their costs and attorney’s fees in certain circumstances. This is subject to the terms of the arbitration agreement, and may not be available in all cases. In any case, it is important to note that both parties are obligated to abide by the terms of the arbitration agreement, and any breach of the agreement can lead to serious consequences. It is important to consult with an experienced attorney to learn more about the remedies available under Washington law.
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