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

In Virginia, there are limits to the amount of attorney’s fees that can be awarded by an arbitrator. According to the Virginia Code, an arbitrator, who is a neutral third-party chosen by both parties involved in a dispute, is authorized to award reasonable attorney’s fees to the prevailing party. However, the award of attorney’s fees is limited to the fees and expenses incurred in the arbitration proceeding and those that the arbitrator determines to be reasonable and necessary for the proper resolution of the dispute. The arbitrator cannot award punitive damages, treble damages, or other damages based on any theory of liability other than a contract claim or breach of an arbitration agreement. The arbitrator also cannot award costs such as filing or docketing fees that are not related to arbitral proceedings. Furthermore, the arbitrator must base the award of attorney’s fees on the time, labor, and skill reasonably required for the representation of each party, the complexity of the case, the results obtained by the attorneys, and other factors that the arbitrator determines to be relevant and material. In Virginia, the award of attorney’s fees is actually limited to the amount awarded to the prevailing party in the arbitration.

Related FAQs

Are there any special considerations for investment arbitration?
What is the effect of arbitral immunity?
Can arbitration awards be modified?
What do I need to know about arbitration before I enter into it?
Are there any ethical considerations in arbitration?
Is there an appeals process for a motion to compel, stay or vacate an arbitration award?
What is an interlocutory appeal?
Are there any special considerations for employment arbitration?
What is a motion to compel arbitration or stay proceedings?
What is the Federal Arbitration Fairness Act?

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

Related FAQs

Related Blog Posts