Katherine Ritchey is a partner at Jones Day in San Francisco. A commercial litigator with extensive experience with alternative dispute resolution, including mediation and arbitration, Ms. Ritchey serves on the Northern District of California’s mediator panel.
M. Anderson Berry is the assistant managing editor of the World Arbitration & Mediation Review and an attorney at Jones Day in San Francisco. His practice mainly involves complex civil litigation and international arbitration. He has written on a wide range of subjects, including international arbitration.
Nandini Iyer is an associate in Jones Day’s San Francisco office. While at Berkeley Law School, Ms. Iyer participated in the International Human Rights Law Clinic and co-authored a policy report entitled Returning Home: Resettlement and Reintegration of Detainees Released from the U.S. Naval Base in Guantanamo Bay, Cuba.
When an international arbitration award is not voluntarily complied with, it may be necessary to seek enforcement of the award in court. This article discusses whether and when a prevailing party in arbitration can recover attorneys’ fees accrued during an award enforcement action in a U.S. district court, and the factors courts consider in determining if attorneys’ fees should be granted.
Parties involved in international commercial transactions often agree to arbitrate for a variety of sound reasons. Their goals are to have an efficient and less expensive process than litigation. However, these goals may not be reached if it becomes necessary to enforce the award in a federal court.