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.

Damages in Arbitration: What Awards Look Like and Why They Are Hard to Undo

Arbitration > Damages | Published 18 January 2026 - Updated 1 February 2026 | UpLaw - uplaw.us

An arbitration award and a jury verdict for the identical dollar amount are not the same asset. The verdict can be appealed, dissected for legal error, and shaved by remittitur; the award, in the overwhelming run of cases, gets rubber-stamped into a judgment even when the reviewing judge suspects the arbitrator misread the law. This guide explains what arbitrators can award, why the contract usually fixes the ceiling years before any dispute, and why the number an arbitrator writes down is so much harder to dislodge than one a jury writes down.

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