California Court of Appeal

A party who enters into a pre-dispute agreement to arbitrate does not waive his right to resort to that forum merely because he first attempts to air his grievance in court. An agreement for the payment of attorney fees must be interpreted in accordance with its terms, without regard to whether it might appear "fair" in a given circumstance.

Appellate Information

• Decided 06/11/2003
• Published 06/11/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Payne & Fears, Benjamin A. Nix and Mark N. Mazda, for Plaintiff and Appellant.


• For Appellees:
  
• Carroll & Werner and David B. Carroll for Defendant and Respondent.