English term
award
I am confused by the use of the word “award,” which is usually a positive thing.
Here’s the full context:
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award attorneys’ fees to you under the standards for fee shifting provided by law.
Does this mean that the prevailing party will have to pay its own attorney’s fees? If a more neutral word, such as “assign,” had been used instead of “award,” I would have no doubt about who pays what. But the use of the word “award” makes me wonder whether it is the other way around, and the losing party would have to pay the winning party attorney’s fees. I just read about the “American Rule,” https://www.nolo.com/legal-encyclopedia/attorney-fees-does-l...
whereby each party usually pays its own counsel, but I must confess I am none the wiser in the specific case at hand.
When you are “awarded” the attorney’s fees, does that mean you are responsible for paying them, or not?
Thanks in advance!
4 +6 | order the losing party to pay your fees | philgoddard |
Jun 20, 2020 17:06: Rob Grayson changed "Level" from "PRO" to "Non-PRO"
Non-PRO (3): Edith Kelly, Rachel Fell, Rob Grayson
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Responses
order the losing party to pay your fees
agree |
AllegroTrans
1 hr
|
agree |
Edith Kelly
16 hrs
|
agree |
Tina Vonhof (X)
16 hrs
|
agree |
Mark Robertson
1 day 12 hrs
|
agree |
Shamshad Saad
1 day 13 hrs
|
agree |
David Moore (X)
2 days 14 hrs
|
Discussion
So, yes it's a "positive thing" - for the recipient of the award, of course ...