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 Pennsylvania. Generally, an arbitrator can only award remedies that are within the scope of an agreement and cannot make an award that exceeds the agreement. Additionally, the party that brings the dispute must be able to prove that they suffered a harm that is capable of being remedied by the awarded remedy. The remedies that can be awarded in an arbitration are limited to those that are available in court. For example, an arbitrator cannot rule in favor of punitive damages or non-compensatory damages like mental anguish. An arbitrator is not allowed to make an award for fraud or breach of fiduciary duty as well. Furthermore, remedies that could possibly harm the public, such as a violation of a public policy or statute, cannot be awarded by an arbitrator. Another limitation of the remedies that can be awarded in an arbitration is that the remedies must be available within the time period that the arbitration was conducted. This means that an arbitrator cannot make an award that would only be available in the future. In conclusion, there are limitations on the remedies that can be awarded in an arbitration in Pennsylvania. These limitations include that the remedies must be available within the agreement, that they must be available in court, and that they must be capable of being remedied by the awarded remedy. Additionally, the remedies must be available within the time period that the arbitration was conducted.
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