Remedies
- fees and expenses of arbitration proceeding
Source:
Section 36.695 — Remedies; fees and expenses of arbitration proceeding, https://www.oregonlegislature.gov/bills_laws/ors/ors036.html.
Notes of Decisions
Under former similar statute (ORS 36.335)
Public policy does not prohibit arbitrator’s award of punitive damages where permitted by arbitration agreement and otherwise recoverable on underlying claim. Russell v. Kerley, 159 Or App 647, 978 P2d 446 (1999), Sup Ct review denied
Because arbitration proceeding is separate from abated court action, arbitrator’s determination of fact that appears on face of award or that was actually and necessarily included therein has preclusive effect in subsequent court proceeding. Westwood Construction Company v. Hallmark Inns & Resorts, Inc., 182 Or App 624, 50 P3d 238 (2002), Sup Ct review denied
In general
Because tenant and landlords did not explicitly agree or indicate in stipulation intent to “waive” or “vary the effect” of arbitrator’s authority under this section to “order such remedies as the arbitrator consider[ed] just and appropriate...”, arbitrator did not exceed scope of authority by ordering remedies like amount of money to be paid, method of payment, shifting of responsibility and time frame to have repair work completed. Couch Investments, LLC v. Peverieri, 270 Or App 233, 346 P3d 1299 (2015), aff’d 359 Or 125, 371 P3d 1202 (2016)
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