Category Archives: Arbitration
How Do You Invoke a Mandatory Arbitration Clause in a Contract Dispute?
Many contracts have mandatory arbitration provisions. These clauses allow parties to force arbitration if a dispute arises over the agreement. This raises an important question: How do you compel arbitration in a contract dispute? The short answer is that you can get a court order if your counterparty refuses to willingly cooperate with the… Read More »
Why Arbitration Awards Aren’t Often Vacated
A ruling by the Eleventh Circuit Court of Appeals last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures, reminds the legal world how difficult it is to have the grounds acknowledged that will vacate an arbitration decision. The case involved an international arbitration before the International… Read More »
Demystifying Arbitration: A Quick Guide for Businesses and Individuals
Arbitration has emerged as a popular alternative to traditional litigation for resolving disputes. Whether you’re a business owner seeking an efficient way to handle commercial disagreements or an individual navigating a legal issue, understanding arbitration can be immensely beneficial. In this comprehensive guide, we aim to demystify the concept of arbitration, shedding light on… Read More »
An Example of Arbitration in Sports: Boston Bruins & Jeremy Swayman
Arbitration plays a significant role in resolving sports-related disputes. Sports contracts can be complex and arbitration provides an effective means to resolve contractual disputes, including salary disputes. A great example of this is the current case involving the Boston Bruins hockey team and restricted free agent goaltender Jeremy Swayman. In professional team sports with salary… Read More »
Exploring Arbitration: Get to Know Common Cases
Arbitration is a form of alternative dispute resolution (ADR) used to resolve legal conflicts outside of traditional court proceedings. It involves the submission of a dispute to one or more impartial third parties known as arbitrators or a panel of arbitrators. The parties involved in the dispute agree to abide by the arbitrators’ decision,… Read More »
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 »
What are the Benefits of Arbitration for a Business Law Dispute?
Arbitration is a form of alternative dispute resolution (ADR) in which the parties agree to settle their case outside of a traditional courtroom. This is done by going before a private arbitrator, who will hear the dispute and issue a binding decision. Arbitration is used to resolve many different types of legal issues, including… Read More »
Florida Appeals Court Denies Motion to Vacate Arbitration Panel Decision
On July 19th, 2017, Florida’s Fourth District Court of Appeal issued a decision in the case of Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Company. In this dispute, the plaintiff, Managed Care Insurance Consultants (MCIC), attempted to get an arbitration panel’s ruling set aside on the grounds that one of the arbitrators… Read More »
Florida Appeals Court Ruling Demonstrates Power of Arbitration Agreements
Recently, on July 5th, 2017, the Third District Court of Appeal for the State of Florida issued a decision in the case of DDRA, LLC V. JARM, LLC, ET AL. This case involved a dispute over the applicability of a mandatory arbitration provision that had been included in a larger contract. The court’s ruling… Read More »
The Four Stages of Business Law Arbitration
Is your company currently locked in a commercial dispute? If so, you may need to (or be required to) seek arbitration. Compared to traditional litigation, arbitration offers businesses several key benefits, including that it is generally faster and cheaper than litigation, and that the proceedings can be kept fully confidential. For companies facing upcoming… Read More »
Florida Appeals Court Declines to Enforce Online Arbitration Agreement
On February 15th, 2017, Florida’s Fourth District Court of Appeal issued an instructive decision in a case involving a mandatory arbitration agreement. The case, Vitacost.com, INC v James McCants, originated after the two parties got into a dispute regarding the sale of online dietary supplements. By making a purchase on the Vitacost website, the… Read More »
