award

English translation: order the losing party to pay your fees

20:34 Jun 19, 2020
English language (monolingual) [Non-PRO]
Law/Patents - Law: Contract(s) / Arbitration
English term or phrase: award
This is part of an arbitration clause I’m translating into Spanish.

I am confused by the use of the word “award,” which is usually a positive thing.

Here’s the full context:

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award attorneys’ fees to you under the standards for fee shifting provided by law.

Does this mean that the prevailing party will have to pay its own attorney’s fees? If a more neutral word, such as “assign,” had been used instead of “award,” I would have no doubt about who pays what. But the use of the word “award” makes me wonder whether it is the other way around, and the losing party would have to pay the winning party attorney’s fees. I just read about the “American Rule,” https://www.nolo.com/legal-encyclopedia/attorney-fees-does-l...
whereby each party usually pays its own counsel, but I must confess I am none the wiser in the specific case at hand.

When you are “awarded” the attorney’s fees, does that mean you are responsible for paying them, or not?

Thanks in advance!
George Rabel
Local time: 17:37
Selected answer:order the losing party to pay your fees
Explanation:
The whole sentence is oddly written, but this is how I understand it.
Selected response from:

philgoddard
United States
Grading comment
Many thanks to all
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +6order the losing party to pay your fees
philgoddard


Discussion entries: 3





  

Answers


26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
order the losing party to pay your fees


Explanation:
The whole sentence is oddly written, but this is how I understand it.

philgoddard
United States
Native speaker of: English
PRO pts in category: 12
Grading comment
Many thanks to all

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
1 hr

agree  Edith Kelly
16 hrs

agree  Tina Vonhof (X)
16 hrs

agree  Mark Robertson
1 day 12 hrs

agree  Shamshad Saad
1 day 13 hrs

agree  David Moore (X)
2 days 14 hrs
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