Attorneys’ Fees in Maritime Arbitration

by Donald J. Kennedy, Partner, Carter, Ledyard & Milburn, New York

INTRODUCTION
Maritime arbitrators in New York are increasingly awarding attorneys’ fees to the prevailing party which represents a significant shift from ten years ago. What is the background for this change, and what factors do the arbitrators consider in making an award of attorneys’ fees? Before discussing the “Considerations When Awarding Attorneys Fees” recently approved by the Society of Maritime Arbitrators, it will be helpful to look at the practice in the United States of awarding attorneys’ fees.

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