Are there any limitations on the remedies that can be awarded in an arbitration?
Yes, there are limitations on the remedies that can be awarded in an arbitration in Georgia. According to the Georgia Arbitration Code, an arbitrator cannot issue a remedy that is not included in the agreement between the parties, or a remedy that is prohibited by law or public policy. Additionally, the Georgia Arbitration Code states that the arbitrator is not allowed to award punitive damages, attorney’s fees, or interest on a monetary award. However, the arbitrator may award pre-award interest on a monetary award to the extent allowed under Georgia law. The arbitrator is also not allowed to award the parties to an arbitration to bear each other’s costs. The parties may agree on sharing the costs of arbitration, but the award cannot demand that they do so. Finally, the arbitrator cannot modify, rescind, or substitute the contractual rights or obligations of the parties. These limitations on the remedies that can be awarded in an arbitration are put in place to ensure that the parties are treated fairly and that the arbitrator adheres to the law. Ultimately, it is the arbitrator’s job to make sure that all parties are satisfied with the outcome of the arbitration and that all remedies awarded are valid and proper.
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