It is no secret that arbitration has become a common alternative to traditional courtroom litigation. Arbitration clauses are widely employed in domestic and international commercial contracts. With the advent of the global economy, contracting parties from different countries often rely on arbitration clauses to select a neutral forum and venue for resolving contract disputes. And,
Alternative Dispute Resolution
Arbitration Clauses are Enforceable, Except When They’re Not!
By David Greene on
Posted in Arbitration
Enforcing a contractual arbitration provision can often be difficult. There are many opportunities for a party to seek to be excused from complying with an agreement to arbitrate. In the case of LTCSP-St. Petersburg, LLC, et al. v. Johnnie Earl Robinson (Fla. 2nd DCA Case No. 2D11-3473), Florida’s Second District Court of Appeal addressed a …
Vacating an Arbitration Award Because Arbitrator Conducted Independent Research
By David Greene on
Posted in Arbitration
We all know how difficult it is to vacate an arbitrator’s award. The Florida Supreme Court has held that “the standard of judicial review of statutory arbitration awards is extremely limited.” Schnurmacher Holdings, Inc. v. Noriega, 542 So.2d 1327, 1330 (Fla. 1989); see also Boyhan v. Maguire, 693 So.2d 659, 662 (Fla. 4th …