In Glasswall, LLC v. Monadnock Const., Inc., 187 So. 3d 248 (Fla. 3d DCA 2016), the Third District Court of Appeal held that the arbitrator, not the court, will decide the issue of arbitrability where the arbitration agreement includes “clear and unmistakable” evidence that the parties intended to submit the issue to an arbitrator, even where there is no specific language to that effect.
The Court agreed with the trial court that the parties’ contracts evidenced such a clear and unmistakable intent because the agreements explicitly incorporated the Construction Industry Arbitration Rules of the AAA. The Construction Industry Rules in effect at the time of the parties’ agreement provide that the arbitrator has the power to rule on his or her own jurisdiction, including the arbitrability of a claim.
Donna Greenspan Solomon, Esq., handles business-related appeals, mediation, and arbitration. Donna also co-counsels and serves as freelance business litigator for those wishing to expand the bench strength of their practices. Donna is one of only two attorneys certified by The Florida Bar as both Appellate Expert and Business Litigation Specialist. Donna is a Member of the AAA’s Roster of Arbitrators (Commercial Panel). She is a FINRA-Approved and Florida Supreme Court Qualified Arbitrator. She is also a Certified Circuit, Appellate, and Family Mediator. For more information, call Donna at (561) 910-0054, email Donna@SolomonAppeals.com, or visit http://www.solomonappeals.com.