Varela v. Houston
This real property dispute proceeded to arbitration pursuant to a settlement agreement. The settlement agreement contained both an arbitration clause and an attorneys fee provision. The arbitration clause called for arbitration of any controversy, claim or dispute . . . arising out of or relating to this Agreement or the alleged breach thereof. The legal fees provision authorized the prevailing party in arbitration to recover its attorneys fees and costs. It also required the arbitrators award to specifically provide for the recovery of attorneys fees and costs. The attorneys fee provision stated: Legal Fees and Costs. If any party to this Agreement institutes any action, suit, counterclaim, appeal, arbitration or mediation for any relief against another party, declaratory or otherwise . . . , to enforce the terms hereof or to declare rights hereunder . . . , then the prevailing party in such Action, whether by arbitration or final judgment, shall be entitled to have and recover of and from the other party all costs and expenses of the Action, including reasonable attorneys fees and costs . . . . Any [judgment, order, ruling, or award] entered in such Action shall contain a specific provision providing for the recovery of attorneys fees and costs . . . . A court or arbitrator shall fix the amount of reasonable attorneys fees and costs upon the request of either party. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including reasonable attorneys fees and expert fees and costs . . . . (Italics added.). Court affirm the judgment.
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