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 under Virginia law. Specifically, the remedies are limited by two primary factors: the parties’ agreement and the applicable law. The parties’ agreement is an important factor in setting the limits of remedies that can be awarded in an arbitration. For example, if the parties’ agreement specifies a specific amount of damages or other remedy that can be awarded, then the arbitrator may not award anything in excess of that amount. The agreement may also specify types of remedies that can or cannot be awarded, which the arbitrator must abide by. Additionally, the applicable law in Virginia also sets limits on the types of remedies that can be awarded in an arbitration. For instance, Virginia Code 8.01-581.02(A)(5) prohibits punitive damages from being awarded in an arbitration case. This means that even if the parties’ agreement does not restrict punitive damages, an arbitrator may not award punitive damages in an arbitration. Overall, the remedies awarded in an arbitration are limited by both the parties’ agreement and the applicable law in Virginia. It is important to review both of these factors before entering into an arbitration to ensure that the awarded remedies will be suitable for the parties’ dispute.
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