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Friday, December 03, 2004 10:09:27 AM
An excerpt from a conversation that I had with Janet in September as follows:
Jimlur re arbitration damages. Talked with Janet Point about this issue and several other issues late yesterday/Friday afternoon. I asked if the arbitration panel could consider awarding damages in addition to and beyond the disputed contractual amounts. Janet said that YES the arbitration panel can go beyond the literal contract itself and possibly award something for “damages”. A party could ask the arbitration panel for additional funds beyond the contract due to the “misbehavior” of the other party or other reasons. However, Janet did say that any additional arbitration-awarded damages would NOT be comparable to or nearly as much as court-awarded damages, such as treble damages or large punitive damages.
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