Category Archives: Arbitration
What Is Arbitration?
The term ‘arbitration’ is one you may have heard before, but also one of which you may not be entirely familiar. Essentially, when two commercial parties have a dispute, there are often two ways to formally settle: arbitration or litigation. Arbitration is an out-of-court settlement that tends to be resolved more quickly, be less… Read More »
Florida Appeals Court Allows Craft Beer Business Arbitration to Move Forward
On August 28th, 2019, the Third District Court of Appeals for the State of Florida overturned a lower court’s ruling in the case of Ancla International, S.A. v. Tribeca Asset Management, Inc — a dispute regarding whether or not a trade secret misappropriation claim can be arbitrated in Florida. As a result of the… Read More »
Arbitration Panels Orders UBS Financial Services to Pay $7.8 Million to a Couple and their Business
According to reporting from Advisor Hub, an arbitration panel has ordered UBS Financial Services — one of the largest brokerage firms in the United States — to pay a Florida couple and their business nearly $8 million in financial compensation (FINRA Office of Dispute Resolution Case Number: 16-02528). The couple sustained major losses after… Read More »
How Does the American Arbitration Association (AAA) Decide Where to Arbitrate Commercial Disputes?
The American Arbitration Association (AAA) is the nation’s largest provider of ADR services to commercial entities. In the early stages of a business arbitration, one of the most important issues that must be resolved is determining where exactly the arbitration hearing will actually take place. Here, our West Palm Beach arbitration attorneys explain the… Read More »
What is the Miami International Commercial Arbitration Court (MICAC)?
For a number of different reasons, companies may choose to arbitrate commercial disputes. As explained by the American Bar Association (ABA), arbitration is a form of alternative dispute resolution that has the potential to be faster, less expensive, and more efficient than traditional litigation. In recent years, Miami has become a hub for international… Read More »
Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”
Connecticut-based Twin City Fire Insurance Co., an affiliate of the Hartford Financial Services Group, has filed a federal lawsuit in Florida denying any liability for former West Palm Beach lawyer Leonel R. Plasencia, who killed himself in 2017, allegedly before turning over settlement money owed to clients in a personal injury case. Michael J…. Read More »
Four Issues that Should be Addressed in Your Arbitration Clause
For businesses, arbitration offers many benefits over traditional litigation. It is a form of alternative dispute resolution (ADR) that can be used to obtain faster, less expensive, and more efficient results than a lawsuit. In addition to that, arbitration also allows the parties to keep considerable confidentiality regarding the proceedings. In many cases, commercial… Read More »
Florida Court Throws Out Legal Malpractice Arbitration Clause
Recently, the Florida Fourth District Court of Appeal ruled against a law firm in a dispute over a mandatory arbitration clause. This underlying issue in this case was a legal malpractice claim raised by a former client of the law firm. In Lindsay Owens v. Katherine L. Corrigan and KLC Law, P.A., Florida’s Fourth… Read More »
Supreme Court Upholds Workplace Arbitration Clauses: Here is What That Means
On May 21st, 2018, the Supreme Court of the United States released its much anticipated decision in the case of Epic Systems Corp. v. Lewis. In a highly controversial (5-4) opinion, Neil Gorsuch, writing for the Court’s conservative majority, upheld the permissibility of workplace arbitration provisions. This is an extremely important decision for both… Read More »
Should I Include an Arbitration Clause in My Business Contract?
With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your business agreements. If your contract mandates arbitration, you will almost certainly… Read More »