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Punitive Damages And Summary Disposition In The Revised Uniform Arbitration Act

Co written by Judith M. Korcin

In recent years, concerns over punitive damages have occupied a prominent position in courtrooms, journal articles, and legislative debates. To some extent, shock over monumental awards has spurred the modern push toward tort reform as legislators seek to rein in what they see as out-of-control jury verdicts. At the same time, the popularity of arbitration as an alternate form of dispute resolution continues to increase. But with the increased popularity of arbitration controversy has arisen from the tension between the modern doctrine favoring arbitration and perceptions of the limits of the arbitrative process.1 The Uniform Arbitration Act ("UAA") does not mention punitive damages or the availability of summary disposition proceedings. Since its enactment in 1955, the issues of whether arbitrators have the authority to award exemplary damages or conduct summary proceedings have been major areas of dispute. While arbitration today is the "primary mechanism favored by courts and parties to resolve disputes,"2 concerns over public policy issues which stem from the usurpation of judicial power still drive many court decisions limiting a...

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