§8721.__Remedies; fees and expenses of arbitration proceeding

1.__Relief as authorized in law.__An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

2.__Attorney's fees and expenses.__An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

3.__Other remedies.__As to all remedies other than those authorized by subsections 1 and 2, an arbitrator may order remedies the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding.__The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 8722 or for vacating an award under section 8723.

4.__Arbitrator's fees and expenses.__An arbitrator's fees and expenses, together with other expenses, must be paid as provided in the award.

5.__Bases in fact and law.__If an arbitrator awards punitive damages or other exemplary relief under subsection 1, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.

Uniform Comment

1. Section 21(a) provides arbitrators the authority to make an award of punitive damages or other exemplary relief; however, the parties by agreement cannot confer such authority on an arbitrator where the arbitrator by law could not otherwise award such relief.