| 3. Section 21(c) preserves the traditional, broad right of |
arbitrators to fashion remedies. See III Macneil Treatise Ch. |
36; Michael Hoellering, Remedies in Arbitration, Arbitration |
and the Law (1984) (annotating federal and state decisions). |
Generally their authority to structure relief is defined and |
circumscribed not by legal principle or precedent but by broad |
concepts of equity and justice. See, e.g., David Co. v. Jim |
Miller Constr., Inc., 444 N.W.2d 836, 842 (Minn. 1989); SCM |
Corp. v. Fisher Park Lane Co., 40 N.Y.2d 788, 793, 358 N.E.2d |
1024, 1028, 390 N.Y.S.2d 398, 402 (1976). This is why Section |
21(c) allows an arbitrator to order broad relief even that |
beyond the limits of courts which are circumscribed by |
principles of law and equity. The language in UAA Section |
12(a) [RUAA Section 23(a)] stating that "the fact that the |
relief was such that it could not or would not be granted by a |
court is not ground for vacating or refusing to confirm [an] |
award" has been moved to this section on remedies. The purpose |
of including this language in the UAA was to insure that |
arbitrators have a great deal of creativity in fashioning |
remedies; broad remedial discretion is a positive aspect of |
arbitration. Just as in UAA Section 12(a), this language in |
Section 21(c) means that arbitrators issuing remedies will not |
be confined to limitations under principles of law and equity |
(unless the law or the parties' agreement specifically |
confines them). |