Are there any limitations on the remedies that can be awarded in an arbitration?

Yes, there are certain limitations on the remedies that can be awarded in an arbitration in Delaware. The Delaware courts have established that an award rendered by an arbitrator is limited to monetary damages only, and cannot include other forms of relief, such as specific performance. Delaware arbitration law also holds that an arbitrator cannot award punitive damages unless specifically authorized to do so by the terms of the arbitration agreement between the two parties. Furthermore, awards must be limited to the actual controversy submitted to the arbitrator, and an arbitrator cannot award damages that are determined by speculation or conjecture. Delaware’s Arbitration Law also prohibits awards from awarding any kind of attorney’s fees, unless specifically authorized by the arbitration agreement between the two parties. In addition, Delaware recognizes the doctrine of “res judicata,” which states that when an issue has been previously decided by a court, the arbitrator is bound by the previous court’s decision, and cannot re-decide it. Finally, an arbitrator’s award cannot conflict with any valid law, statutes, or public policy, and has no authority to decide legal issues, including any of Delaware’s public policy issues.

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