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

45 questions on damages in arbitration, answered and cited by the UpLaw editorial team.

• Are the damages an arbitrator can award more limited than what a court can award?
• Can a court fix a mathematical error in an arbitration award?
• Can a court refuse to enforce an arbitration award on public-policy grounds?
• Can an arbitrator award pre-award interest, and how much discretion does the arbitrator have over the rate?
• Can an arbitrator award punitive damages?
• Can an arbitrator order specific performance or an injunction?
• Can a punitive-damages waiver in an arbitration clause ever be unenforceable?
• Can I get an arbitration award overturned because the damages are too high?
• Can I recover attorney's fees in arbitration?
• Can I recover lost profits and consequential damages in arbitration?
• Can parties contract for broader judicial review of an arbitration award?
• Can requesting attorney's fees in my own pleading backfire in arbitration?
• Did Hall Street abolish manifest disregard of the law?
• Does Mastrobuono govern punitive damages in an international arbitration?
• Does the judge or the arbitrator decide damages once a case is in arbitration?
• Do the AAA and ICDR rules treat punitive damages the same way?
• How are compensatory damages measured in arbitration?
• How do arbitrators actually calculate a damages number?
• How does presenting a damages case in arbitration differ from presenting it at trial?
• How do I draft a punitive-damages waiver that will actually be enforced in arbitration?
• How do I enforce an arbitration award against a foreign company?
• How do software and SaaS liability clauses affect what damages are recoverable in arbitration?
• How long do I have to challenge an arbitration award?
• How narrowly do U.S. courts read the public-policy defense under the New York Convention?
• If a contract has a consequential-damages waiver, can the other side still recover lost profits by counterclaiming in arbitration?
• Is an arbitration award easier to enforce internationally than a court judgment?
• Is arbitration actually cheaper and faster than litigation?
• Is there any way to get appellate review of an arbitration award?
• On what grounds can a court vacate an arbitration award?
• What are the Article V defenses to enforcing a foreign arbitral award?
• What are the different forms of arbitration award, and why does the choice matter for damages?
• What does it mean to confirm an arbitration award?
• What does it take to show an arbitrator “exceeded their powers” under FAA Section 10(a)(4)?
• What is manifest disregard of the law?
• What is the average arbitration award amount?
• What is the difference between pre-award and post-award interest on an arbitration award?
• What is the Garrity rule and is it still good law?
• What should an arbitration clause say to control damages exposure?
• What sources of data about arbitration outcomes actually exist?
• What was the two-clause problem in Mastrobuono v. Shearson Lehman Hutton?
• Where does an arbitrator get the power to award damages?
• Which court do I go to in order to confirm an arbitration award after Badgerow v. Walters?
• Why did the Supreme Court vacate the award in Stolt-Nielsen but not in Oxford Health?
• Why is an arbitration award worth more than a jury verdict for the same dollar amount?
• Will a liquidated-damages clause or a liability cap be enforced by an arbitrator?