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Past, Present and Future: Court of Appeals Clarifies What Personal Injury Protection (PIP) Benefits Can Be Included in an Arbitration Award

Motor Vehicle Litigation / January 23, 2019

While Newman is an unpublished opinion and therefore not binding authority, it stands for the proposition that a Court must use the same legal principles that govern contract interpretation when interpreting arbitration agreements.

The important takeaways from this case are as follows: (1) the scope of arbitration is determined by the arbitration agreement; (2) arbitrators derive their power from the arbitration agreement itself and they are bound by its terms; and (3) an arbitration agreement determines the scope of an arbitration award even if the award does not explicitly state that is applies to everything listed in the arbitration agreement.

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