Arbitration

ARBITRATION CLAUSE HELD UNAMBIGUOUS AND ENFORCEABLE DESPITE JURY WAIVER CLAUSE IN CONTRACT

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Arbitration of a dispute is only available pursuant to an agreement by the parties. The determination of whether an arbitration clause in a contract is valid and enforceable is based on basic contract interpretation principles. The case of Bari Builders, Inc. v. Hovstone Properties Florida, […]

COURT IMPOSES SANCTIONS AGAINST PARTY FOR “NEVER-SAY-DIE” ATTITUDE CHALLENGING ARBITRATION AWARD

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC The Federal Arbitration Act provides that an arbitration award may be vacated where: (i) the award was procured by corruption, fraud, or undue means; (ii) there was evident partiality or corruption in the arbitrators; (iii) the arbitrators were guilty of misbehavior which prejudiced the rights […]

DOES YOUR CONTRACT CONTAIN A VALID AGREEMENT TO ARBITRATE?

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC In determining a party’s entitlement to arbitration, courts consider three elements: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.  The first element of whether a valid written agreement to […]

FEDERAL COURT RULES THAT AN ARBITRATOR DECIDES WHETHER A CLAIM IS SUBJECT TO ARBITRATION WHEN THE ARBITRATION CLAUSE INCORPORATES THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC The question of whether a claim is subject to arbitration is ordinarily decided by the courts. However, when the parties incorporate the rules of the American Arbitration Association (AAA) into their contract to govern their arbitration agreement, the parties agree that an arbitrator will decide […]