West Virginia Code § 55-10-23

Remedies; fees and expenses of arbitration proceeding
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(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 subsectionsu (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 thes 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. i
(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.

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