2017 ORS 36.695¹
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).

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)

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitra­tion Act gives courts authority to deny mo­tion to compel arbitra­tion under arbitra­tion clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.