Jun 19, 2020 20:34
3 yrs ago
61 viewers *
English term

award

Non-PRO English Law/Patents Law: Contract(s) Arbitration
This is part of an arbitration clause I’m translating into Spanish.

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!
Change log

Jun 20, 2020 17:06: Rob Grayson changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): Edith Kelly, Rachel Fell, Rob Grayson

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Discussion

AllegroTrans Jun 21, 2020:
Yes, Daryo, agreeing with other answers is fun
philgoddard Jun 20, 2020:
Yes, Daryo, I've already said this. Why not grit your teeth,hold your nose, and agree with someone else's answer for a change?
Daryo Jun 19, 2020:
It's actually the opposite ... When you are “awarded” by the judge or the arbiter your own attorney’s fees, it means you have been given (i.e. "awarded") the right to recover those fees from the other party.

So, yes it's a "positive thing" - for the recipient of the award, of course ...

Responses

+6
26 mins
Selected

order the losing party to pay your fees

The whole sentence is oddly written, but this is how I understand it.
Peer comment(s):

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
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Many thanks to all"
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