Are there limits to the amount of attorney’s fees that can be awarded by an arbitrator?

In Oregon, there are limits on the amount of attorney’s fees that can be awarded by an arbitrator. According to the Oregon Arbitration Act, attorney’s fees can be awarded to the prevailing party only if such fees are specified in a written contract between the parties or if the fees are approved by the court in a judicial review of the award. Additionally, the amount recovered must be fair and reasonable, taking into account the financial resources of the parties, the amount in controversy, the reasonableness of the positions each party has taken, the nature of the dispute, and the conduct of the parties in conducting the arbitration. The attorney’s fees awarded must also be consistent with the usual and customary fees charged by attorneys in the local area for similar services. In most cases, the arbitrator should not award fees that exceed the amount that would have been charged for similar services had the dispute been resolved in court.

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