Make-whole and statutory remedies:1. Informing the silent remedial gap
March 16, 1995
Professor Snow offers a theory for fashioning arbitration remedies in the face of contractual silence: reliance upon “gap-fillers,” (meaning norms embedded in arbitral jurisprudence, e.g. arbitration awards) and as indicated “in the expectations, customs and practices of particular industries.” Attorneys’ fees, punitive awards, front pay, and the payment of interest are discussed.