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16-108-221. Remedies — Fees and expenses of arbitration proceeding.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-221. Remedies — Fees and expenses of arbitration proceeding.
(a) An arbitrator may award any damages that a court is authorized to award by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standard 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), 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 § 16-108-222 or for vacating an award under § 16-108-223.
(d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) If requested by a party at any time prior to receipt of notice of the award, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-221
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-108-221
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 47209a5878df367aa2e7c654cd209f90f7f8187fa93bf552268fc531b40cbcff
Source location: content.xml paragraph 43209
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16-108-221. Remedies — Fees and expenses of arbitration proceeding.
(a) An arbitrator may award any damages that a court is authorized to award by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standard 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), 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 § 16-108-222 or for vacating an award under § 16-108-223.
(d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) If requested by a party at any time prior to receipt of notice of the award, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-222. Confirmation of award.
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected under § 16-108-220 or § 16-108-224 or is vacated under § 16-108-223.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-222
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-222. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-223. Vacating award.
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) the award was procured by corruption, fraud, or other undue means;
(2) there was:
(A) evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) corruption by an arbitrator; or
(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after the ground is known or, by the exercise of reasonable care would have been known by the movant.
(c) If the court vacates an award on a gr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-223
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-223. This identifies an authority to review, not proof of applicability.