Wednesday, April 22, 2009

Arbitration Clause Only Enforceable as to Claims Party Agreed to Arbitrate

Today, in Tubbs v. Hudec (2D08-3477) the Second DCA reversed an order compelling arbitration. The reversal was based upon the fact that "no party may be forced to submit a dispute to arbitration that the party did not intend and agree to arbitrate. United Vacation Network, Inc. v. Tahiri, 987 So. 2d 244, 246 (Fla. 2d DCA 2008). The parties' intent regarding arbitration is discerned from the language of the agreement containing the arbitration clause. Id." The arbitration agreement in question only applied to indemnification claims and, therefore, the circuit court should not have compelled arbitration.


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