Perkins Restaurants Operating Co. v. Van Den Bergh Foods Co.

PRESIDING JUSTICE GREIMAN

delivered the opinion of the court:

Plaintiff, Perkins Restaurants Operating Company, L.P., appeals the circuit court’s denial of its application to modify or vacate an arbitration award which declined to award attorney fees to either party. The arbitrators awarded plaintiff $10,000 upon its damage claim.

On appeal plaintiff asserts that the arbitration panel exceeded its authority by refusing to award plaintiff its fees where the arbitration agreement provided that the "prevailing party” shall receive attorney fees.

We affirm the circuit court’s order because the…