A. Punitive Damages

• Jurisdiction: New York

A. Punitive Damages

Generally, an award of punitive damages by an arbitrator will be vacated as against public policy even if the underlying issues are arbitrable.⁴⁸ However, under certain circumstances, the courts will uphold an award of punitive damages.⁴⁹

--------

Notes:

^[48] See Barclays Capital Inc. v. Shen, 20 Misc. 3d 319, 857 N.Y.S.2d 873 (Sup. Ct., N.Y. Co. 2008) (vacating award of punitive damages on defamation claim, which was rendered in manifest disregard of the law); cf. Dean Witter Reynolds, Inc. v. Trimble, 166 Misc. 2d 40, 631 N.Y.S.2d 215 (Sup...