I sued my old partner for dissolution, partition and several other causes of action including fraud, breach of contract and breach of fiduciary duty. My old partner cross-complained for dissolution and partition.
My old partner compelled arbitration and it was granted. I am 99% certain we will prevail. If we do, does that mean we can recover the arbitration costs? By the end, the arbitration costs, will probably be more than the arbitration costs.
Other factors include I have a fee waiver and arbitration costs will be a lot
Much more facts need to be known.
What's the fraud? what's the contract? What does the contract say about recovering any fees?
You need a full consultation from a local attorney who can sit down and look at all your documents.
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
Yes, it is possible that your contract provides for recovery of the costs of arbitration or the attorney's fees for the prevailing party. Also, one or more of the causes of action may provide for such recovery. Consult a lawyer with the documents to answer this question and review your case to determine the likely outcome, as most people who are 99% sure are probably not aware of other factors and facts that can cause a contrary award.
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Yes, depending upon the rules governing your arbitration (AAA, JAMS). Most likely, the arbitrator will award the prevailing party to cost of arbitration (the arbitrator's fee and the administrative costs), which can sometimes be pretty hefty for a private arbitration.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
You had to have signed sort of agreement that requires arbitration. Either the original contract or a stipulation later on. That agreement is what all the other attorneys are hinting at.
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