Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Binding Arbitration

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Binding Arbitration

    Whether or not the arbitration agreement covers attorney fees on appeal is something that will be determined by the language of the agreement. Your brother can ask his lawyer how he believes a court would interpret the language.

    1. Sponsored Links
       

Similar Threads

  1. Loan Agreements: Wrong First Name on a Contract - Is it Still Binding
    By legalme12345 in forum Debts and Collections
    Replies: 1
    Last Post: 09-30-2010, 06:31 AM
  2. Business Issues: Contract Binding for Livestock
    By koonitdo in forum Business Law
    Replies: 2
    Last Post: 08-10-2010, 09:07 PM
  3. Purchase Contracts: Binding Contract
    By buyingmod in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 04-08-2010, 06:40 AM
  4. Is It Still A Binding Contract
    By MINDYj in forum Cars and Dealerships
    Replies: 3
    Last Post: 09-04-2007, 08:33 PM
  5. Purchase Contracts: Is a verbal agreement binding
    By Chrisce in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 03-27-2006, 05:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources