Statute
Florida Arbitration Code
6 published works
The Fiduciary Litigator
Texas Court Compels A Limited Partner’s Employment And Defamation Claims To Arbitration Due To The Partnership Agreement’s Arbitration Clause
In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner.…
Florida Construction Legal Updates
DRAFTING A CONTRACTUAL ARBITRATION PROVISION
A recent Florida case discussing a contractual arbitration provision in a homebuilder’s contract discussed the difference between a narrow arbitration provision and a broad arbitration provision. See Vancore Construction, Inc.…
BuildSmart
Florida Court Finds Arbitration Clause Expanding Authority of Courts to Vacate/Modify Arbitration Awards Unenforceable
The Florida Arbitration Code addresses the confirmation, vacation, modification or correction, and appeal of arbitration awards in Florida. In September, a Florida District Court of Appeal addressed whether parties may…
South Florida Trial Practice
Appellate Court Confirms That Revised Florida Arbitration Code Is In Step With The Federal Arbitration Act On Threshold Questions Of Arbitrability And Validity
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…
Health Law Rx
Attention Physicians: Your Unsinkable Arbitration Agreement is About to Hit a Glacier
By Adam R. Maingot, S. Scott Ross
On June 20, 2013, the Florida Supreme Court held in Franks v. Bowers that a medical practice's custom pre-surgery binding arbitration agreement (the "Agreement") was unenforceable because it violated key…
Property Insurance Coverage Law Blog
A Method for Keeping the Appraisal Clause in Property Insurance Policies Which Will Satisfy All Concerns
By Chip Merlin
The appraisal clause should not be removed from Florida insurance policies. The concerns of insurers and policyholders can be addressed if we simply do two things...