Consumer Credit Regulation: 7.4.7 Punitive Damages
While an arbitrator may be less likely to award punitive damages than a jury, this is partially offset by the fact that there is much less court review of an arbitrator’s punitive damages award.121 Instead of a judge remitting the jury award and appellate courts reviewing the resulting award, an arbitrator’s award is subject only to very narrow judicial review.122 In fact, the defendant may not even have a due process claim concerning the size of the award, since the arbitration is a non-governm