Arbitration Award Reversed

By Anonymous -

Suzlon Energy, A/S v. Ventus De Nicaragua, S. A.., 38 Fla. L. Weekly D304a, Case No. 3D11-1087, filed February 6, 2013. An order confirming an arbitration award in a dispute over sales commissions for wind turbines was reversed due to the lack of authority by the buyer's corporate representative to initiate arbitration. While the contract contained an arbitration provision, and the tribunal found that it had jurisdiction, the court found that the arbitrators had "exceeded their powers" under s. 682.13(1)(c) as a basis for vacating the arbitration award.
NOTE: A dissent by Judge Salter was based on the fact that the issue of authority to initiate arbitration proceedings was for the arbitrators to determine rather than for the court to determine. In his view the majority decision "judicially vaporized" the contract provision directing arbitration of "any dispute or controversy."


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the right to
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more