Arbitration: Where Arbitration Costs Are Only Allowed To Be Granted By An Arbitator, That Contractual Clause Is Binding

Subsequent Post-Trial Proceeding Costs Not Subsumed In Contractual Clause.

            In Crowder v. Freeman, Freeman & Smiley LLP, Case No. B309001 (2d Dist., Div. 1 Mar. 22, 2022) (unpublished), an appellate court reversed a superior court fee denial relating to arbitration proceedings, where only the arbitrator was allowed to award fees and costs.  The appellate court enforced the plain meaning of the arbitration fee provision, which only allowed for the arbitrator to award costs.