Representation / Attorneys’ Fees Sample Clauses
Representation / Attorneys’ Fees. Each party may be represented in the arbitration by an attorney or other representative selected by the party. Each party shall be responsible for its own attorneys’ or representatives’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable attorneys’ fees to the prevailing party in accordance with applicable law.
Representation / Attorneys’ Fees. Each of the parties acknowledges that such party has been, or has had the opportunity to be, represented by an attorney in connection with the preparation, execution and delivery of this Agreement. In the event “legal proceedings” are brought or an attorney is retained by any party to this Agreement to enforce the terms of this Agreement or to collect for the breach hereof or for the interpretation of any provision herein in dispute, or to participate in any bankruptcy or reorganization proceeding involving the other party, the prevailing party shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys’ fees, expert witness fees and costs, court costs, costs of investigation and other related expenses incurred in connection therewith. If suit is instituted, attorneys’ fees shall be fixed by the court. “Legal proceedings” include lower court action, appeal from a lower court judgment, special action in an appellate court, and any proceeding in state or federal bankruptcy court. The “prevailing party” as used in the context of proceedings: (i) in the bankruptcy court means the prevailing party in an adversary proceeding or contested matter, and all other actions taken by the non-bankruptcy party which are reasonably necessary to protect its rights under this Agreement; and, (ii) in any court other than a bankruptcy court means the party that prevails in obtaining a remedy or relief which most nearly reflects the remedy or relief which the party sought.
Representation / Attorneys’ Fees. (a) A claimant may authorize an individual to represent him in any proceeding under this sub- chapter before the Secretary of Labor.
(b) A claim for legal or other services fur- nished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.) HISTORICAL AND REVISION NOTES .................. 5 U.S.C. 773(b) (less last sentence). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(b) (less last sen- tence)’’, 63 Stat. 865. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report.