(a) 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.
(b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration 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.
(c) As to all remedies other than those authorized by subsections (a) and (b) 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 section twenty-four of this article or for vacating an award under section twenty-three of this article.
(d) An arbitrator's award shall provide for the payment of expenses and fees, together with other expenses to be split among the parties, as provided by the parties' agreement or the rules of the arbitration organization.
(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a) 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.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
§55-10-2. Declaration of Public Policy; Legislative Findings
§55-10-5. When Article Applies
§55-10-6. Effect of Agreement to Arbitrate; Nonwaivable Provisions
§55-10-7. Application for Judicial Relief
§55-10-8. Validity of Agreement to Arbitrate
§55-10-9. Motion to Compel or Stay Arbitration
§55-10-10. Provisional Remedies
§55-10-11. Initiation of Arbitration
§55-10-12. Consolidation of Separate Arbitration Proceedings
§55-10-13. Appointment of Arbitrator; Service as a Neutral Arbitrator
§55-10-14. Disclosure by Arbitrator
§55-10-16. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs
§55-10-17. Arbitration Process
§55-10-18. Representation by Lawyer
§55-10-19. Witnesses; Subpoenas; Depositions; Discovery
§55-10-20. Judicial Enforcement of Preaward Ruling by Arbitrator
§55-10-22. Change of Award by Arbitrator
§55-10-23. Remedies; Fees and Expenses of Arbitration Proceeding
§55-10-24. Confirmation of Award
§55-10-26. Modification or Correction of Award
§55-10-27. Judgment on Award; Attorneys' Fees and Litigation Expenses
§55-10-31. Uniformity of Application and Construction
§55-10-32. Electronic Signatures in Global and National Commerce Act