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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!