Not exact matches
They would also have to give the bureau information on any claims filed and
awards issued in their
arbitrations, as well as correspondence from their arbitrators regarding unpaid
fees and failure to follow standards of conduct.
Although under some laws HBO may have a right to an
award of attorneys»
fees and expenses if it prevails in an
arbitration, HBO agrees that it will seek such an
award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.
If the
arbitration is decided in your favor - which occurs if there is an
award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO for any of the
fees and costs advanced.
Costs of
arbitration, including reasonable attorney's
fees incurred in
arbitration as determined by the Arbitrator, together with any reasonable attorney's
fees incurred by prevailing party in Court enforcement of the
arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
In the event a party fails to proceed with
arbitration, unsuccessfully challenges the arbitrator's
award, or fails to comply with the arbitrator's
award, the other party is entitled to costs of suit, including a reasonable attorney's
fee for having to compel
arbitration or defend or enforce the
award.
If any
arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's
award, will be entitled to recover reasonable attorneys»
fees and other costs and expenses incurred in such
arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to
award punitive damages.
August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to
arbitration attorney's
fees awards.
Obtained an
arbitration award on behalf of a hospice in a contract dispute with a staffing agency as well as reimbursement of all of the client's legal
fees.
In addition to whatever rights you may have to recover your attorneys»
fees under applicable law, if you prevail in the
arbitration, and if the FTS Party failed to make a settlement offer to you before the
arbitration or the amount you win is at least 25 % greater than the FTS Party's highest settlement offer, then the FTS Party will pay your reasonable attorneys»
fees in addition to the amount the arbitrator
awarded.
In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides»
arbitration fees and may order the losing party to pay the winning party's reasonable attorneys»
fees, unless such an
award of
fees is prohibited by applicable law.
Somogyi involved an attorney who won an
arbitration award for
fees owed to him for representing appellant in a dissolution proceeding, with the
award of $ 62,881.49 later being confirmed into a judgment.
The
arbitration fees clause between the parties stated: «The prevailing party in any
arbitration or litigation will be entitled to recover all attorneys»
fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts»
fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or
arbitration award, in addition to any other relief to which that party may be entitled.»
5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an
arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad
arbitration clause allowing for
fee recovery in any dispute and for a Trope waiver.
(2) After the final
Award has been made, the claim has been withdrawn, a settlement has been reached or the
arbitration has been abandoned, the Centre shall apply any deposits it holds to the costs of the
arbitration, including any
arbitration tribunal
fees and disbursements, as well as administrative
fees and expenses.
(3) In the event the
arbitration tribunal
awards costs, it shall specify the amounts of the
fees and expenses so
awarded or the method for the determination of those amounts.
For example, they may specify how arbitrators will be selected, where the
arbitration will be held (which can be pricey if you live in another state), who will pay for attorneys»
fees, and whether the final
arbitration award must be kept confidential.
HALT's Report Card graded
fee arbitration systems in six categories: (1) whether lawyers are required to participate in binding
arbitration at a client's request; (2) the ease of initiating
arbitration; (3) the amount of state bar publicity of
fee arbitration; (4) the program's reliance on non-lawyer arbitrators; (5) whether non-binding mediation is offered in addition to
arbitration; and (6) how the system enforces
awards.
In the decision, The Massachusetts Supreme Judicial Court held that a
fee award entered against a party for making frivolous arguments and conducting an
arbitration in bad faith must be vacated.
Successfully defending and winning an
award of
fees for a corporation in a product liability
arbitration before the AAA in Texas
In an
award issued on May 3, 2018 the ICSID
arbitration tribunal rejected all claims brought against Kosovo and ordered the claimant to pay more than $ 2 million to Kosovo for
fees and costs incurred by Kosovo in defending against the claim.
In
arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can
award the prevailing party damages and other relief (including attorneys»
fees).
They actually happened as a result of
arbitration awards made in connection with
fee disputes in different parts of the country.
The Prevailing Party also sought reimbursement of its costs and attorney's
fees for bringing the action to confirm the
arbitration award.