Court Awards Attorneys’ Fees Arising from Enforcement of Arbitration Award

Gentle Wace Shipping S.A. v. Transfield Shipping Inc.

(S.D.N.Y. Feb. 16, 2010)

 

A federal judge has awarded attorneys’ fees to a party attempting to enforce a previously-determined arbitration award. In Gentle Wave, a panel of two members of the London Maritime Arbitrators Association issued an arbitration award in favor of petitioner Gentle Wave and against respondent Transfield. Transfield failed to pay the award, forcing Gentle Wave to commence an action to confirm the award, enter judgment, and award attorneys’ fees.

 

The court granted Gentle Waves’ motion for attorneys’ fees and expenses, noting that Transfield failed to oppose the motion. In addition, the court held that the award of attorneys’ fees was reasonable because Gentle Wave supported its application with contemporaneous time records specifying the attorney, date, hours expended, and nature of the work performed. The court also noted that the award was reasonable given that Gentle Wave was required to research and argue the issue of arbitrator’s partiality under the New York Convention, English law, and the Federal Arbitration Act.

 

A copy of the decision is attached here 

 

Carrie Appler and Joanna Roberto 

 

https://www.goldbergsegalla.com/attorneys/Appler.html

https://www.goldbergsegalla.com/attorneys/Roberto.html

 

Case is provided courtesy of Lexis.