Can arbitrators grant equitable relief?
Asked by: Wava Nicolas | Last update: August 13, 2025Score: 4.2/5 (5 votes)
The AAA Commercial Rules provide that an arbitrator “may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties.”
Who decides equitable relief?
Equitable relief is granted by a court requiring one party to either act or refrain from taking an action. Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft.
Can arbitrators issue injunctive relief?
Some arbitration agreements limit an arbitrator's power to issue injunctive relief. If the arbitration agreement provides that this remedy is reserved to the court, then the arbitrator would not have the power to issue an injunction, and the petitioner would be required to seek relief in court.
Can an arbitrator grant declaratory relief?
An arbitral tribunal can make a declaratory award, simply setting forth the respective rights and obligations of the parties. Declaratory relief is efficient on many levels, and especially so where facts are undisputed or agreed or not needed to decide a legal right or obligation.
Can arbitrators impose a settlement?
An Arbitrator may issue a Stipulated Award as long as (i) the Arbitrator does not believe the settlement is unethical, illegal or unconscionable; and (ii) the settlement and stipulated award do not exceed the Arbitrator's authority under Bus. & Prof. Code §6200, et seq.
A Masterclass on Drafting International Arbitration Agreements: Law and Practice
What can an arbitrator not do?
An Arbitrator should not use confidential information acquired during the Arbitration proceeding to gain personal advantage or advantage of others, or to affect adversely the interest of another. An Arbitrator should not inform anyone of the decision in advance of giving it to all Parties.
What is capable of settlement by arbitration?
Arbitrability indicates whether a dispute is “arbitrable”, i.e. capable of being settled by arbitration. Although arbitration is a private proceeding, the recognition and enforcement of a particular award may have an impact on any States involved.
Can an arbitrator grant equitable relief?
The Arbitrator may grant any remedy or relief that is just and equitable and within the scope of the Parties' Agreement, including, but not limited to, specific performance of a contract or any other equitable or legal remedy.
Is declaratory relief equitable relief?
Declaratory relief is an equitable remedy, which is available to an interested person in a case "of actual controversy relating to the legal rights and duties of the respective parties. . . ." (Code Civ. Proc., § 1060; see Dills v. Delira Corp. (1956) 145 Cal.
What is the AAA Rule 52?
Rule 52 was revised to permit arbitrators to “clarify” their awards, although the merits of an award still may not be reconsidered. The previous rule allowed arbitrators to address only clerical, typographical, technical, or computational errors in their awards.
Is injunctive relief equitable relief?
An Injunction (also known as “equitable relief”) is a legal remedy that can be sought in a civil lawsuit in addition to, or in place of, monetary damages.
What is the Broughton Cruz rule?
The Trial and Appellate Courts' Decisions
4th 1066 (1999) and Cruz v. Pacificare Health Systems, Inc., 30 Cal. 4th 1157 (2003). These cases established the following rule: Agreements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or FAL are not enforceable in California.
Can arbitrators award punitive damages?
It is clear that arbitrators and Courts will fill the void left by ambiguous contracts and may award punitive damages to a prevailing party unless specifically limited in the arbitration agreement.
How do I get equitable relief?
To request equitable relief, you or your representative should write a letter to your local Social Security office explaining that you received misinformation that caused you to delay enrollment. You can find the address of your local office by calling 800-772-1213 or visiting www.ssa.gov/locator.
Which of the following is not a form of equitable relief?
ANs is B: All the rest are type of equitable relief except monetary damages.
What is the equitable relief clause?
Equitable relief clauses are most commonly seen in confidentiality agreements, agreements that contain non-competes and/or non-solicitations (such as employment and other personal service contracts), and agreements for the sale or license of unique goods.
Can equitable relief be money?
Equitable relief is a category of remedies derived from the principles of fairness and justice. Unlike monetary damages, which compensate a party for harm or losses, equitable relief directs a party to act—or refrain from acting—in a way that restores balance between the parties.
What is the difference between declaratory relief and injunctive relief?
Declaratory relief can be contrasted with coercive relief where the court orders a party to pay monetary damages or take certain action under injunctive relief. When a party is requesting a declaratory judgment , the party is seeking an official declaration regarding the status of the controversy in issue.
What is equitable relief under Erisa?
Appropriate Equitable Relief Under Section 502(a)(3) Equitable relief to enforce a reimbursement provision in a welfare benefit plan is permissible under ERISA § 502(a)(3). A plan fiduciary may bring a civil action under this section “to obtain other appropriate equitable relief to redress …
What is the difference between equitable relief and equitable remedy?
While legal remedies typically involve monetary damages , equitable relief typically refers to injunctions , specific performance , or vacatur .
What is the rule 17 of the jams arbitration?
Rule 17 of the JAMS Employment Arbitration Rules & Procedures requires the "exchange of all relevant, non-privileged documents" and electronically stored information (ESI), including names of witnesses and experts who may be called to testify at the arbitration hearing.
What is the burden of proof in arbitration AAA?
In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.
What Cannot be solved by arbitration?
Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.
Is it better to settle or go to arbitration?
In most cases, arbitration tends to be more cost-effective. While arbitrator's fees can be significant, the overall expenses are generally lower because of limited discovery and quicker resolution.
What types of disputes can be settled by arbitration?
Disputes involving joint ventures, construction projects, partnership differences, intellectual property rights, personal injury, product liabilities, professional liability, real estate securities, contract interpretation and performance, insurance claim and Banking & non-Banking transaction disputes fall within the ...