Posted January 20, 2010
Contracts
Fourth DCA Rules That Failure To Designate Rules By Which Arbitration Would Be Conducted Did Not Invalidate Arbitration Agreement
Premier Real Estate Holdings, LLC v. Butch,
35 FLW D3 (Fla. 4th DCA, Dec. 23, 2009)
Submitted by Dorothy Venable DiFiore
The court ruled that failure to specify the rules under which the arbitration agreement would be conducted did not invalidate the agreement. (Parties failed to fill in blank in contract, thereby failing to designate name of organization whose rules would control). The court found that Chapter 682 had sufficient "gap filler" provisions so that such designation was not material or necessary to the agreement. In addition, the court rejected the argument that there was any 'procedural unconscionability' in this transaction involving sophisticated business entities, with no showing of any disparity between the parties' education, age or competency.
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