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    "ocrText": "incurred such obligation to hinder or defeat in any fashion the payment of any obligation,\ninterest, or debt of the manufacturer arising under the liability apportionment agreement. Any\nproperty vesting in the participating tobacco product manufacturer following such a proceeding\nshall be subject to all claims and interest of creditors arising under the liability apportionment\nagreement.\n(f) Limitation on State Courts. No court of any State, Tribe, or political subdivision of a State\nmay take any action to inhibit the effective operation of subsection (c).\nSEC. 1413. ATTORNEYS' FEES AND EXPENSES.\n(a) Arbitration Panel.\n(1) Right to Establish For the purpose of awarding of attorneys' fees and expenses relating to\nlitigation affected by, or legal services that, in whole or in part, resulted in or created a model for\nprograms in, this Act, and with respect to which litigation or services the attorney involved is\nunable to agree with the plaintiff who employed that attorney with respect to any dispute that\nmay arise between them regarding the fee agreement, the matter at issue shall be submitted to\narbitration. In any such arbitration, the arbitration panel shall consist of 3 persons, one of whom\nshall be chosen by the plaintiff, one of whom shall be chosen by the attorney, and one of whom\nshall be chosen jointly by those 2 arbitrators.\n(2) Operation._ Not later than 30 days after the date on which all members of an arbitration\npanel are appointed under paragraph (1), the panel shall establish the procedures under which the\npanel will operate which shall include_\n(A) a requirement that any finding by the arbitration panel must be in writing and supported by\nwritten reasons;\n(B) procedures for the exchanging of exhibits and witness lists by the various claimants for\nawards;\n(C) to the maximum extent practicable, requirements that proceedings before the panel be based\non affidavits rather than live testimony; and\n(D) a requirement that all claims be submitted to an arbitration panel not later than 3 months\nafter the date of this Act and a determination made by the panel with respect to such claims not\nlater than 7 months after such date of enactment.\n(3) Right to petition._ Any individual attorney or group of attorneys involved in litigation\naffected by this Act shall have the right to petition an arbitration panel for attorneys' fees and\nexpenses.\n(4) Criteria. In making any award under this section, an arbitration panel shall consider the\nfollowing criteria:"
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