Does a contractual contract stipulate that the issue of attorney fees and costs must be determined in arbitration?

California, United States of America


The following excerpt is from Corona v. Amherst Partners, 107 Cal.App.4th 701, 132 Cal.Rptr.2d 250 (Cal. App. 2003):

of contractual arbitration provides that "[t]he subject contract calls for disputes to be settled by binding arbitration" under Code of Civil Procedure section 1282 et seq. The trial court correctly concluded from the record before it that, because the parties' stipulation did not limit the issues to be resolved through arbitration, the issue of Corona's entitlement to attorney fees and costs, as requested in his complaint, was subject to determination in arbitration proceedings. (See Moshonov v. Walsh (2000) 22 Cal.4th 771, 776, 94 Cal.Rptr.2d 597, 996 P.2d 699; see also Cal. Rules of Court, rules 1614(a)(8), 1615(a) [absent agreement to the contrary, arbitrator must "determine all issues properly raised by the pleadings, including a determination of any damages and an award of costs, if appropriate"].)

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