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Articles by member Paul J. Dubow Esq.

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"Collecting Attorney Fees In Arbitration"

by Paul J. Dubow Esq., San Francisco, CA (March 2010)

Your client has retained you to prosecute or defend a contractual claim. Because the contract contains an arbitration clause, the case will be arbitrated. The contract contains a clause which clearly awards attorney fees to the prevailing party. You believe that there is a decent chance that your client will prevail and so you are also confident that your client will be able to recover its attorney fees. Indeed, the prospect of recovering attorney fees may color the stance that you take in any settlement negotiations in which you engage prior to the hearing. Not so fast. There are at least three impediments to the recovery of attorney fees under a contract which contains an arbitration clause... READ ARTICLE

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