Arbitrators and Equitable Powers

Arbitrators do have equitable powers. Many practitioners do not believe that Arbitrators can issue injunctive relief, specific performance, or other types of equitable relief. That is not the case. Certainly the first place that an arbitrator looks to for his/her authority is the Contract or Court Order which provided for the arbitration. When drafting , make sure it includes the granting of equitable relief as part of the description of the arbitrator's authority. While the arbitrator can grant equitable relief, the arbitrator really has no power to enforce it, and therefore the arbitration award will require confirmation by a court of competent jurisdiction which will incorporate the equitable award.