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I need to know the scope of JAMS to award fees.

I am trying to bill costs ($1000) for litigation up to the time of the grant order compelling ARB with JAMS. The plaintiff's attorney objected to my cost bill and says that all fees associated with the underlying dispute will be addressed in arbitration and that the court has no jurisdiction to award fees when it lacks authority to rule on the dispute. Fair enough. They provided case law. But, after reading the JAMS rules (#19) it does not say that they have the discretion to award fees that are incurred through litigation prior to initiation of ARB. JAMS rules refer to the credit card contract which is equally vague and seems to address only fees associated with ARB.

I have made an argument that I am the prevailing party as the judgement was made to benefit me. I have case law for that. And I am looking at arguing that the trial court was deciding the issue that was before it ( whether the arbitration was enfoceable)and not the underlying dispute.

I really think that JAMS will not award costs iretroactively but need some input on this. Has anyone been to the end of ARB and can speak without violating their non disclosure agreement?


Edited by digger
clarity of title
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