Fla. Ruling Muddles Question Of Who Decides Arbitrability

By Brian Briz (April 23, 2021, 5:20 PM EDT) -- As a general rule, courts decide questions of arbitrability. In other words, the courts decide whether parties agreed to arbitrate a particular dispute. A court's authority to decide questions of arbitrability, however, can be delegated by contract.

In Fallang Family LP v. PrivCap Cos. LLC, Florida's Fourth District Court of Appeal recently wrestled with the question of whether the incorporation by reference of the American Arbitration Association's rules into an arbitration agreement effectively delegates the question of arbitrability away from the courts and to the arbitrators.[1]

The question is an important one because arbitration agreements normally incorporate the rules of an...

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