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You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even if there is no basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis. This puzzling situation arises because arbitrators, to a large extent, are the final judges of their own jurisdiction and authority. Unless expressly negated by the arbitration agreement, remedies awarded will be upheld if they bear any rational relationship to disputed issues.
March 01, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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