12-3021. 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 fees and other reasonable expenses of arbitration only if that 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 12-3022 or for vacating an award under section 12-3023.
D. An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
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.
Notes of Decisions
RS Indus., Inc. v. Candrian, 377 P.3d 329 (Ariz. Ct. App. 2016).
· cites it 5× “” A.R.S. § 12-3021(B) (2016). In that regard, § 12-3021(B) grants an arbitrator the same power the superior court has to award fees in a civil action.”
Sun Valley Ranch 308 Ltd. P'ship v. Robson, 294 P.3d 125 (Ariz. Ct. App. 2012).
· cites it 2× “See also A.R.S. § 12-3021(C) (allowing arbitrators to impose “such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding”).”
Concetta Rizzio v. Surpass Senior Living LLC, 492 P.3d 1031 (Ariz. 2021).
· cites it 2× “2016); A.R.S. § 12-3021(B) (permitting an arbitrator to award reasonable expenses “only if that award is authorized by law in a civil action involving the same claim.”
Rizzio v. Surpass Senior (Ariz. Ct. App. 2020).
· cites it 2× “A.R.S. § 12-3021(D) (providing that, absent a provision directing otherwise, the arbitrator may direct the payment of costs in the arbitration award); see also 9 U.”
Carey v. K&M (Ariz. Ct. App. 2014).
· cites it 2× “, whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met, are for the arbitrators to decide.”
— Ariz. Rev. Stat. § 12-3021(B) — 3 cases
RS Indus., Inc. v. Candrian, 377 P.3d 329 (Ariz. Ct. App. 2016).
“” A.R.S. § 12-3021(B) (2016). In that regard, § 12-3021(B) grants an arbitrator the same power the superior court has to award fees in a civil action.”
Concetta Rizzio v. Surpass Senior Living LLC, 492 P.3d 1031 (Ariz. 2021).
“2016); A.R.S. § 12-3021(B) (permitting an arbitrator to award reasonable expenses “only if that award is authorized by law in a civil action involving the same claim.”
Carey v. K&M (Ariz. Ct. App. 2014).
“, whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met, are for the arbitrators to decide.”
— Ariz. Rev. Stat. § 12-3021(C) — 1 case
Sun Valley Ranch 308 Ltd. P'ship v. Robson, 294 P.3d 125 (Ariz. Ct. App. 2012).
“See also A.R.S. § 12-3021(C) (allowing arbitrators to impose “such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding”).”
— Ariz. Rev. Stat. § 12-3021(D) — 1 case
Rizzio v. Surpass Senior (Ariz. Ct. App. 2020).
“A.R.S. § 12-3021(D) (providing that, absent a provision directing otherwise, the arbitrator may direct the payment of costs in the arbitration award); see also 9 U.”
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