WVC 55 - 10 - 23
§55-10-23. Remedies; fees and expenses of arbitration proceeding.
(a) 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.
(b) 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.
(c) As to all remedies other than those authorized by
subsections (a) and (b) of this section, an arbitrator may order
such remedies as 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
twenty-four of this article or for vacating an award under section
twenty-three of this article.
(d) An arbitrator's award shall provide for the payment of
expenses and fees, together with other expenses to be split among
the parties, as provided by the parties' agreement or the rules of
the arbitration organization.
(e) If an arbitrator awards punitive damages or other
exemplary relief under subsection (a) of this section, 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.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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