Hamada v. Westcott

Opinion of the Court by

ACOBA, J.

In the absence of an express authorization by statute, as is the case here, we hold that attorneys’ fees and costs may not be awarded in an arbitration proceeding unless the governing arbitration agreement provides for such an award. The underlying arbitration agreement lacked any provision authorizing an award of attorneys’ fees and costs to the prevailing party. Accordingly, the January 4, 2000 order of the first circuit court (the court) 1 which confirmed an arbitrator’s award of attorneys’ fees and costs must be reversed.

I

On July 31, 1996,…