§50-51. Award; costs

(a)        The award shall be in writing, dated and signed by the arbitrators joining in the award, with a statement of the place where the arbitration was conducted and the place where the award was made. Where there is more than one arbitrator, the signatures of a majority of the arbitrators suffice, but the reason for any omitted signature shall be stated. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the parties' written agreement. Time of delivery shall be computed from the date of personal delivery or date of mailing.

(b)        Unless the parties otherwise agree in writing, the award shall state the reasons upon which it is based.

(c)        Unless the parties otherwise agree in writing, the arbitrators may award interest as provided by law.

(d)       The arbitrators in their discretion may award specific performance to a party requesting an award of specific performance when that would be an appropriate remedy.

(e)        Unless the parties otherwise agree in writing, the arbitrators may not award punitive damages. If arbitrators award punitive damages, they shall state the award in a record and shall specify facts justifying the award and the amount of the award attributable to punitive damages.

(f)        Costs:

(1)        Unless the parties otherwise agree in writing, awarding of costs of an arbitration shall be in the arbitrators' discretion.

(2)        In making an award of costs, the arbitrators may include any or all of the following as costs:

a.         Fees and expenses of the arbitrators, expert witnesses, and translators;

b.         Fees and expenses of counsel, to the extent allowed by law unless the parties otherwise agree in writing, and of an institution supervising the arbitration, if any;

c.         Any other expenses incurred in connection with the arbitration proceedings;

d.         Sanctions awarded by the arbitrators or the court, including those provided by N.C.R. Civ. P. 11 and 37; and

e.         Costs allowed by Chapters 6 and 7A of the General Statutes.

(3)        In making an award of costs, the arbitrators shall specify each of the following:

a.         The party entitled to costs;

b.         The party who shall pay costs;

c.         The amount of costs or method of determining that amount; and

d.         The manner in which costs shall be paid.

(g)        An award shall be made within the time fixed by the agreement. If no time is fixed by the agreement, the award shall be made within the time the court orders on a party's application. The parties may extend the time in writing either before or after the expiration of this time. A party waives objection that an award was not made within the time required unless that party notifies the arbitrators of his or her objection prior to delivery of the award to that party.

(1999-185, s. 1; 2005-187, s. 10.)