prevailing party 胜诉当事人/胜诉方

指在诉讼中全部或部分获胜的当事人。当事人胜诉，并非指其在诉讼各个阶段取得成功的程度，而是指在诉讼或其他程序终结时，其向对方提出的请求或答辩得到法庭的支持。依美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕的规定，胜诉当事人因诉讼支出的费用可获得补偿。

The prevailing party means the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Even if the plaintiff gets much less than the claim, he/she/it is the prevailing party entitled to include attorney's fees in the collectable costs. Usually there is no prevailing party when a complaint is voluntarily dismissed prior to trial or settled before or after trial has begun.

例句1

The term “prevailing party” means that party, as plaintiff or defendant, who substantially prevails against the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by the other party within thirty (30) days after receipt and the party not accepting such offer fails to obtain a more favorable judgment, the non-accepting party shall not be entitled to recover its costs of suit and reasonable attorney’s fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney’s fees and costs incurred by the offering party.

术语“胜诉方”是指作为原告或被告，实质上战胜另一方的一方。尽管有上述规定，如果任何一方提出的书面和解提议在收到后三十（30）天内未被另一方接受，且不接受该提议的一方未能获得更有利的判决，则不接受的一方无权收回其诉讼费和合理的律师费和开支（即使是胜诉方），并有义务支付诉讼费和合理的律师费以及提议方产生的费用。

例句2

As used in this Agreement, the term prevailing party means that party whose position is upheld in a final judgment rendered in any litigation, or, if the final judgment is appealed, that party whose position is upheld by the decision of the final appellate body that considers the appeal.

本协议中使用的术语“胜诉方”是指在任何诉讼中做出的最终判决中其立场得到维持的一方，或者，如果最终判决被上诉，其立场得到考虑上诉的最终上诉机构的裁决维持的一方。

例句3

For purposes of this Section 7.8, “prevailing party” means the net winner of a dispute, taking into account the claims pursued, the claims on which the pursuing party was successful, the amount of money sought, the amount of money awarded, and offsets or counterclaims pursued (successfully or unsuccessfully) by the other Party. If a written settlement offer is rejected and the judgment or award finally obtained is equal to or more favorable to the offeror than an offer made in writing to settle, the offeror is deemed to be the prevailing party from the date of the offer forward.

在本第7.8节中，“胜诉方”是指争议的净赢家，考虑到所提出的索赔、起诉方胜诉的索赔、索赔金额、裁定金额以及另一方提出的抵消或反诉（成功或不胜诉）。如果书面和解要约被拒绝，并且最终获得的判决或裁决等于或比书面和解要约更有利于要约人，则要约人自要约之日起被视为胜诉方。

losing party 败诉当事人/败诉方

败诉是指在民事解纷过程中，当事人关于保护其民事权益的请求未能得到裁判民事纠纷的独立第三者的支持所呈现的一种状态或者结果，它具有以下特征： 第一、败诉是民事纠纷经裁判者审理并作出判断的一种状态。

In many injury claims, the losing party is burden with paying the winning party’s legal fees. But this isn’t always the case. It’s often up to the court’s discretion to award the prevailing party attorney’s fees as part of damages settlement.

例句1

If more than one party constitutes the Losing Party, as determined by the arbitrator, all such parties shall be jointly and severally liable for all costs and expenses of mediation and/or arbitration.

如果一方以上构成仲裁员确定的败诉方，则所有此类各方应共同和分别承担调解和/或仲裁的所有成本和费用。

例句2

All the expenditures the settlement of a Technical or Non-Technical Dispute causes, including the fees of the arbitrators participating in the settlement of the dispute, shall be covered by the Losing Party.

解决技术性或非技术性争议的所有费用，包括参与争议解决的仲裁员的费用，应由败诉方承担。

例句3

In any arbitration, all of the reasonable costs and expenses of the successful party (“Successful Party”) (including reasonable attorneys’ fees and expenses), all fees and expenses of experts retained by the Successful Party and all costs of the arbitrator shall be borne by the losing party (“Losing Party”) in such arbitration.

在任何仲裁中，胜诉方（“胜诉方”）的所有合理费用和开支（包括合理的律师费和开支）、胜诉方聘请的专家的所有费用和开支以及仲裁员的所有费用应由败诉方（“败诉方”）承担。