Guide · Arbitration
Damages in Arbitration: What Awards Look Like and Why They Are Hard to Undo
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-01-18
- Topic
- Arbitration
This guide follows the money through an arbitration, from the moment a claimant asks for damages to the moment a court either turns the award into a judgment or is asked to throw it out. It explains what remedies an arbitrator can grant—compensatory and consequential damages, interest, equitable relief, attorney's fees, and, under Mastrobuono v. Shearson Lehman Hutton, punitive damages when the agreement permits them—and why the contract, not the arbitrator, usually decides the ceiling. It then works through the back end most treatments rush past: confirmation under FAA Section 9, the deliberately narrow vacatur grounds of Section 10, the "exceeded their powers" standard after Oxford Health and Stolt-Nielsen, Hall Street Associates v. Mattel's bar on contracting for broader review, the circuit split over manifest disregard, and cross-border enforcement under Article V of the New York Convention. Throughout, it treats "damage statistics" honestly, explaining why no one can quote a reliable national average award, and closes with worked hypotheticals, a drafting checklist, and an FAQ.
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