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

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