Courts Generally Favor the Enforcement of Arbitration Provisions

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The case of Lemos v. Sessa deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions.

May 10, 2021
David Adelstein - Florida Construction Legal Updates

In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions.

The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions.

First, courts will and should try to resolve any ambiguity in arbitration provisions in favor of arbitration.

Second, when there is an offending arbitration provision or one that includes language that violates public policy, the trial court “should sever the offending provisions from the arbitration clause so long as such severance does not undermine the parties’ intent.” Lemos, supra. This principle is reinforced when the arbitration provision is in an agreement that contains a severability provision.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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