Are there any restrictions on the ability of a securities arbitration panel to award attorney fees?
In Kansas, securities arbitration panels are allowed to award attorney fees to the prevailing party in a securities arbitration case. However, there are some restrictions on the amount of attorney fees that can be awarded. Under the Kansas Uniform Arbitration Act, the securities arbitration panel cannot award attorney fees in excess of the amount that was reasonably incurred to bring or defend the case. The amount of fees awarded can also not be higher than the amount of damages awarded in the case. In addition, the arbitration panel can only award attorney fees on a claim-by-claim basis. This means that if multiple claims are made, the arbitration panel can only award attorney fees for the claim that was actually successful. Furthermore, the securities arbitration panel is not able to award attorney fees based solely upon the amount of time that the attorney spent on the case. Instead, the panel is only able to award attorney fees based upon the complexity of the case and only after considering the amount of time that the attorney devoted to the case. Ultimately, the securities arbitration panel in Kansas has the power to award attorney fees to the prevailing party in a securities arbitration case. However, the panel does have to consider the amount of attorney fees that were reasonably incurred to bring or defend the case and the amount of damages awarded in the case when making their decision.
Related FAQs
What is the role of securities arbitration lawyers?Is there a timeline for enforcing a securities arbitration award?
What is the difference between a securities arbitration panel and a FINRA panel?
What is the difference between arbitration and litigation?
Can a securities arbitration award be appealed on the basis of legal errors?
What is the process for appealing a securities arbitration decision?
What is the role of the FINRA arbitration department?
How does a securities arbitration decision become final?
Are there any legal defenses that can be used in securities arbitration cases?
How long will a securities arbitration hearing take?
Related Blog Posts
A Guide to Understanding Securities Arbitration Law - July 31, 2023Navigating Your Securities Arbitration Case: Step-by-Step Guide for Investors - August 7, 2023
Securities Arbitration: How to Make the Most of Your Claim - August 14, 2023
Securities Arbitration 101: Understanding the Basics of Investor Claims - August 21, 2023
Explaining the Role of Arbitrators in the Securities Arbitration Process - August 28, 2023