Reprinted with permission from Dispute Resolution magazine, Summer 2017 (23:4), pp. 7-13. ©2017 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
Consider the following scenario: After years of failed negotiations, Gen Corp files for arbitration against your client over a license dispute. The license agreement includes an arbitration clause that requires both parties to pay half the arbitrator fees and costs. A year into the arbitration, it becomes clear that Gen Corp will not be able to recover any damages from your client because its claims have no merit. Your client tells you that she is very happy and is looking forward to finally resolving the dispute.