| 3. Section 21(c) preserves the traditional, broad right of |
| arbitrators to fashion remedies. See III Macneil Treatise Ch. |
| 36; Michael Hoellering, Remedies in Arbitration, Arbitration |
| and the Law (1984) (annotating federal and state decisions). |
| Generally their authority to structure relief is defined and |
| circumscribed not by legal principle or precedent but by broad |
| concepts of equity and justice. See, e.g., David Co. v. Jim |
| Miller Constr., Inc., 444 N.W.2d 836, 842 (Minn. 1989); SCM |
| Corp. v. Fisher Park Lane Co., 40 N.Y.2d 788, 793, 358 N.E.2d |
| 1024, 1028, 390 N.Y.S.2d 398, 402 (1976). This is why Section |
| 21(c) allows an arbitrator to order broad relief even that |
| beyond the limits of courts which are circumscribed by |
| principles of law and equity. The language in UAA Section |
| 12(a) [RUAA Section 23(a)] stating that "the fact that the |
| relief was such that it could not or would not be granted by a |
| court is not ground for vacating or refusing to confirm [an] |
| award" has been moved to this section on remedies. The purpose |
| of including this language in the UAA was to insure that |
| arbitrators have a great deal of creativity in fashioning |
| remedies; broad remedial discretion is a positive aspect of |
| arbitration. Just as in UAA Section 12(a), this language in |
| Section 21(c) means that arbitrators issuing remedies will not |
| be confined to limitations under principles of law and equity |
| (unless the law or the parties' agreement specifically |
| confines them). |