Although Section 21(b) in regard to attorney's fees is like Section 21(a) concerning punitive or other exemplary damages because both sections allow recovery when such an award has a basis in law, Section 21(b) has no requirement that the arbitrator apply the appropriate legal standard or have sufficient evidence to support a claim of attorney's fees under the applicable statute.

2. Because Section 21 is a waivable provision under Section 4(a), the parties can agree to limit or eliminate certain remedies "to the extent permitted by law." It should be noted that in arbitration cases where, if the matter had been in litigation, a person would have been entitled to an award of attorneys fees or punitive damages or other exemplary relief, there is doubt whether one of the parties by contract can eliminate the right to attorney's fees or punitive damages or other exemplary relief. Some courts have held that they will defer to an arbitration award involving statutory rights only if a party has the right to obtain the same relief in arbitration as is available in a court. See, e.g., Cole v. Burns Int'l Sec. Serv., 105 F.3d 1465 (D.C. Cir. 1997) (finding that employee with race discrimination claim under Title VII is bound by predispute arbitration agreement under FAA if the employee has the right to the same relief as if he had proceeded in court); Graham Oil Co. v. ARCO Prods. Co., 43 F.3d 1244 (9th Cir.), cert. denied, 516 U.S. 907 (1995) (stating that arbitration clause compelling franchisee to surrender important rights, including right of attorney fees, guaranteed by the Petroleum Marketing Practices Act, contravenes this statute); DeGaetano v. Smith Barney, Inc., 75 FEP Cases 579 (S.D.N.Y. 1997) (concluding that award under arbitration clause requiring each side to pay own attorney's fees in Title VII claim on which plaintiff prevailed but where arbitrators refused to award attorney's fees set aside as a manifest disregard of the law; the arbitration of statutory claims as a condition of employment are enforceable only to the extent that the arbitration preserves protections and remedies afforded by the statute); Armendariz v. Foundation Health Psychcare Services, Inc., 24 Cal. 4th 83, 6 P.3d 669, 99 Cal. Rptr. 2d 745 (2000) (holding that limitation in arbitration