My question involves court procedures for the state of: ca
My brother signed an arbitration agreement with a doctor. In the arbitration agreement it stated that both sides had to pay their share of the costs. On a separate form there was a sentence that stated that the prevailing party will recover all attorneys fees having to do with malpractice of the tort claim in the binding arbitration. My brother won the malpractice case. Now the doctor is trying to get the award vacated because she feels that the neutral arbitrator did not disclose something about a past relationship with her attorney. If the doctor wins in trial court and has the award vacated and my brother decides to have this appealed does this attorney fee provision come into play at the appeals level? If my brother loses the appeal, does he have to pay the doctors appeals attorney fees and trial court attorney fees or does the prevailing attorney clause even ever come into play since the binding arbitration agreement says both sides pay their share of costs.

