ORS 36.695
Remedies

  • fees and expenses of arbitration proceeding

(1)

An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(2)

An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration as may be specified in the arbitration agreement 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.

(3)

As to all remedies other than those authorized by subsections (1) and (2) of this section, 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 ORS 36.700 (Confirmation of award) or for vacating an award under ORS 36.705 (Vacating award).

(4)

An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(5)

If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [2003 c.598 §21]
Note: See note under 36.600 (Definitions).

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)

36.100
Policy for ORS 36.100 to 36.238
36.105
Declaration of purpose of ORS 36.100 to 36.238
36.110
Definitions for ORS 36.100 to 36.238
36.135
Review of dispute resolution programs
36.145
Dispute Resolution Account
36.150
Additional funding
36.155
Grants for dispute resolution services in counties
36.160
Participation by counties
36.165
Termination of county participation
36.175
Rules for administration of dispute resolution programs
36.179
Mediation and other alternative dispute resolution services for public bodies
36.185
Referral of civil dispute to mediation
36.190
Stipulation to mediation
36.195
Presence of attorney
36.200
Mediation panels
36.210
Liability of mediators and programs
36.220
Confidentiality of mediation communications and agreements
36.222
Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings
36.224
State agencies
36.226
Public bodies other than state agencies
36.228
Mediations in which two or more public bodies are parties
36.230
Public bodies
36.232
Disclosures allowed for reporting, research, training and educational purposes
36.234
Parties to mediation
36.236
Effect on other laws
36.238
Application of ORS 36.210 and 36.220 to 36.238
36.252
Agricultural mediation services coordinated by State Department of Agriculture
36.254
Contracts for mediation services
36.256
Request for mediation services
36.258
Duties of mediator
36.260
Mediation agreement
36.262
Confidentiality of mediation materials
36.264
Civil immunity for mediators and mediation service providers
36.266
Suspension of court proceedings during mediation
36.268
Provision of mediation services contingent on funding
36.280
Mediation of disputes related to interference with farming practices
36.283
Confidentiality of mediation communications and agreement
36.400
Mandatory arbitration programs
36.405
Referral to mandatory arbitration
36.410
Stipulation for arbitration
36.415
Arbitration after waiver of amount of claim exceeding $50,000
36.420
Notice of arbitration hearing
36.425
Filing of decision and award
36.450
Definitions for ORS 36.450 to 36.558
36.452
Policy
36.454
Application of ORS 36.450 to 36.558
36.456
Construction of ORS 36.450 to 36.558
36.458
When written communication considered to have been received
36.460
Waiver of objection to arbitration
36.462
Prohibition on intervention by court
36.464
Venue
36.466
Arbitration agreements to be in writing
36.468
Application to stay judicial proceedings and compel arbitration
36.470
Interim judicial relief
36.472
Number of arbitrators
36.474
Procedure for appointment of arbitrators
36.476
Disclosure by proposed arbitrators and conciliators
36.478
Procedure for challenging arbitrator
36.480
Withdrawal of arbitrator
36.482
Substitute arbitrator
36.484
Arbitral tribunal may rule on own jurisdiction
36.486
Interim measures of protection ordered by arbitral tribunal
36.488
Fairness in proceedings
36.490
Procedures subject to agreement by parties
36.492
Place of arbitration
36.494
Commencement of arbitral proceedings
36.496
Language used in proceedings
36.498
Contents of statements by claimant and respondent
36.500
Oral hearing
36.502
Effect of failure to make required statement or to appear at oral hearing
36.504
Appointment of experts
36.506
Circuit court assistance in taking evidence
36.508
Choice of laws
36.510
Decision of arbitral tribunal
36.512
Settlement
36.514
Arbitral award
36.516
Termination of arbitral proceedings
36.518
Correction of errors in award
36.520
Setting aside award
36.522
Enforcement of award
36.524
Grounds for refusal to enforce award
36.526
Provisions to be interpreted in good faith
36.528
Policy to encourage conciliation
36.530
Guiding principles of conciliators
36.532
Manner of conducting conciliation proceedings
36.534
Draft conciliation settlement
36.536
Prohibition on use of statements, admissions or documents arising out of conciliation proceedings
36.538
Conciliation to act as stay of other proceedings
36.540
Termination of conciliation proceedings
36.542
Conciliator not to be arbitrator or take part in arbitral or judicial proceedings
36.544
Submission to conciliation not waiver
36.546
Conciliation agreement to be treated as arbitral award
36.548
Costs of conciliation proceedings
36.550
Payment of costs
36.552
Effect of conciliation on jurisdiction of courts
36.554
Immunities
36.556
Severability
36.558
Short title
36.600
Definitions
36.605
Notice
36.610
Effect of agreement to arbitrate
36.615
Application for judicial relief
36.620
Validity of agreement to arbitrate
36.625
Petition to compel or stay arbitration
36.630
Provisional remedies
36.635
Initiation of arbitration
36.640
Consolidation of separate arbitration proceedings
36.645
Appointment of arbitrator
36.650
Disclosure by arbitrator
36.655
Action by majority
36.660
Immunity of arbitrator
36.665
Arbitration process
36.670
Representation by a lawyer
36.675
Witnesses
36.680
Judicial enforcement of preaward ruling by arbitrator
36.685
Award
36.690
Change of award by arbitrator
36.695
Remedies
36.700
Confirmation of award
36.705
Vacating award
36.710
Modification or correction of award
36.715
Judgment on award
36.720
Jurisdiction
36.725
Venue
36.730
Appeals
36.735
Uniformity of application and construction
36.740
Relationship to electronic signatures in Global and National Commerce Act
Green check means up to date. Up to date