An Arbitration Clause

By Anonymous -
Ira Marcus v. Florida Bagels, LLC, Arsenal Holdings, LLC and Egg Ventures, LLC, 38 Fla. L. Weekly D896b, Case No. 4D12-2971, issued April 24, 2013:  Trial court's order denying a non-signatory's motion to compel arbitration was affirmed where the contracting parties had repudiated their contractual rights to arbitrate and elected instead to litigate. While discussing the circumstances in which a non-signatory to a contract containing an arbitration clause was allowed to compel arbitration under the doctrine of equitable estoppel where the other parties were already involved in arbitration proceedings, here the non-signatory was not allowed to avail himself of the arbitration provision where the parties to the contract had not proceeded with arbitration.


(From RPPTL Subcommittee) 

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

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