Are there any remedies for a breach of the duty of good faith and fair dealing?

Yes, there are remedies for a breach of good faith and fair dealing in California. Generally, if a party to an arbitration agreement breaches their duty of good faith and fair dealing, the other party may have a right to seek damages, or to use a specific performance to enforce their rights. In California, an arbitrator will typically award money damages to compensate the injured party. Money damages are intended to make the injured party whole by placing them back in the situation they would have been in had they not been wronged. As part of a money damages award, the arbitrator can award interest or punitive damages if warranted. The other type of remedy available to an injured party is specific performance. This type of remedy requires the breaching party to perform their obligations that are the subject of the arbitration agreement. This remedy is designed to make sure the non-breaching party gets the benefit of their bargain. In either situation, the arbitrator is responsible for determining the relief that is appropriate. This may include awarding money damages, granting specific performance, dismissing the case, or granting any combination of these types of remedies. The arbitrator will consider a variety of factors such as the type of breach, the extent of the injury, and any other relevant factors to determine the appropriate remedy.

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Are there any remedies for a breach of the duty of good faith and fair dealing?

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