Kapur

BACKGROUND

The arbitration at issue concerned the Kapurs’ claims for breach of contract and fraud arising from the Pans’ selling them a home. On July 28, 2021, in advance of the arbitration, the arbitrator issued an order stating, inter alia, “The Arbitrator’s decision shall be in writing setting forth Arbitrator’s findings of fact and conclusions of law. Where applicable, attorneys’ fees are

2 to be sought by separate motion and costs by Memorandum of Costs after an Interim Award is issued.” The arbitration took place over four days from August 10 to August 13, 2021. On February 28, 2022, the arbitrator issued an interim award finding in favor of the Pans on all claims. The award stated, “This Interim Award is binding and is intended to address all issues in dispute even if not expressly discussed herein, except as to the determination of an award of expenses to [the Pans], to the extent allowable. Any claim for expenses, attorney’s fees and costs shall be made within 15 days of service of this Interim Award. If a claim for expenses is submitted, any opposition shall be submitted within 10 days following service of the claim for expenses. Any reply shall be submitted within 5…