Cannot Leapfrog Fee Clauses in Other Entites’ Agreements into a Fee Award.
Leapfrog. NYC. c1908-22. Library of Congress.
Marik v. University Village, LLC, Case No. B247171 (2d Dist., Div. 3 Oct. 3, 2013) (unpublished) goes to show you that glaring arbitration results will be vacated.
In this one, the appellate court reversed the award of $6,450 in post-arbitration fees to a party because it was based on fees clauses in agreements with third-party outside entities. This type of fee entitlement basis did not pass scrutiny, even with the deference given to arbitration results.