Experienced Miami Arbitration Attorney

Our Miami arbitration attorneys have extensive experience arbitrating claims including, but not limited to, commercial litigation, employment, business, shareholder, and partnership disputes. Between 2022 and 2024, we have handled numerous matters for our business-litigation clients, including physician-partnership disputes, real estate litigation, and several matters involving general and limited partnership disputes. We approach each arbitration with meticulous preparation and client involvement. The arbitration process requires high-level execution with the focus on obtaining a favorable result by weighing the benefits and anticipating the consequences of certain decisions affecting your business or you individually.

Arbitration is designed to reach a favorable outcome without the expense and time of a trial at the State or Federal Court levels. However, it can be expensive when an arbitration company charges for both an arbitrator and a case manager.It is still an adversarial proceeding conducted much like a trial with each side presenting their case, witnesses and challenging the veracity and legal merits of the opponent’s case. While most of our clients involved in arbitrations are large corporations, we handle such matters for individuals and small businesses as well.

Most Common Types of Arbitration Cases

Some common types of disputes that are settled by arbitration are as follows:

Breach of fiduciary duty;
Failure to supervise;
Negligence;
Misrepresentation;
Breach of contract;
Suitability;
Omission of facts;
Fraud;
Unauthorized trading;
Partner and shareholder disputes;
Business contract disputes; and
Beneal and limited partner disputes.

The American Arbitration Association

Founded in 1926, the American Arbitration Association (AAA) has been involved in third-party alternative dispute resolution for just under a century. The International Center for Dispute Resolution (ICDR) was founded in 1996 as the AAA’s international dispute resolution option, with expansion into 80 countries and 12 languages. All arbitrators must abide by the AAA’s and American Bar Association’s Code of Ethics for Arbitrators in Commercial Disputes. Our arbitration attorneys at Pike & Lustig, LLP adhere to the tested and proven rules, regulations, and standards that the AAA has been refining since the early 20th century.

How Arbitration Works to Resolve Conflicts Out of Court

An arbitration is less formal than litigation and more formal than mediation. No binding decision can be made by a mediator, which is not the case for an arbitrator. Similar to a court trial, arbitration works by two parties entering an agreement for a neutral third-party arbitrator (similar to a judge) to hear argument from both sides and make a decision based on the evidence presented. One of the main advantages to arbitration over litigation is efficiency. It is faster most of the time, less expensive, and there is more flexibility with admission of evidence. The parties are encouraged to work together, attempting to make arbitrations less hostile than trial. Unlike litigation, which involves courts with crowded schedules, arbitration dates can be made to accommodate all parties in a timely manner. Privacy is another major benefit of arbitration over litigation. Both parties can agree to keep the final decision that is made completely confidential. This goes a long way in decreasing embarrassment or the revealing of important information that a company may want to be kept secret. Arbitrators are able to make decisions more freely. Although arbitrators may believe they are not bound to state and federal legal precedents and also do not have to rationalize their decisions to either of the two parties, our attorneys know full well that arbitration decisions are reversible and/or can be vacated if Florida’s threshold is met under the applicable case law. While this is a high standard for petitioners to meet, it is not impossible if the facts align. When choosing an arbitrator it is important to pick a firm that has a storied history of fair, intelligent, and careful decision-making with high regard for the laws regarding the business operations in question. Decisions, termed an “award,” made by an arbitrator are, for the most part, binding and will be upheld by a court of law if not vacated and challenged. There are certain circumstances in which an arbitrator’s award may be overturned in a court of law. These possible circumstances include some of the following:

The award was a result of corruption, such as fraud;
The arbitrator was not a neutral party (they were heavily biased) or they were corrupt;
The arbitrator was guilty of misconduct by refusing to postpone the hearing due to important new evidence, or they showed misbehavior or prejudice against either of the parties; and
The arbitrator made a decision beyond their powers under the company’s operating agreements or failed at their duty and did not make a definite, final award.

Call a Miami Arbitration Attorney Today

We understand the rules set out by the American Arbitration Association and JAMS. We have the legal experience needed to arbitrate your case efficiently. Contact our Miami office today and speak with our highly skilled arbitration attorneys.