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

Yes, there are limits to the amount of attorney’s fees that can be awarded by an arbitrator in Washington. Under Washington law, an agreement between two parties to arbitrate a dispute must state the maximum amount of attorney’s fees that can be awarded. If such an agreement does not exist, the arbitrator may award attorney’s fees up to the amount that the arbitrator deems to be reasonable. Generally, this amount cannot exceed the amount that the parties would have incurred if the dispute had been litigated in court. In addition, the arbitrator has the power to adjust any award of attorney’s fees in light of any special circumstances that may have existed throughout the arbitration proceedings. Moreover, an award of attorney’s fees must still be reasonable and fair to both parties. This means that if one party was able to achieve a better result than the other party, the arbitrator should award the lesser fees to that party. Additionally, an arbitrator cannot award attorney’s fees to a party if it would cause the other party financial hardship or if the party was acting in bad faith. Finally, an arbitrator cannot award attorney’s fees if the amount requested was too high or the services provided by the attorney were not necessary to resolve the dispute.

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