Do you want to keep your claims out of arbitration? You may want to read this recent case out of the Third District Court in Miami, September 9, 2015.

Are you a beneficiary to a trust with an arbitration clause? Do you  understand the difference between a trust dispute in West Palm Beach court and arbitration? If not you may want to check out this new case out of the Third District Court of Appeals on staying arbitration. Arbitration clauses are becoming more and more common and experienced probate litigators know that it is important to keep up to date on this trending form of alternative dispute resolution.

Arbitration

• Arbitration clauses in contracts and trust agreements are getting more and more common by the day.
• Do you know what that means?
• If you signed an arbitration clause or are subject to one by way of being a beneficiary of a trust you give up certain rights.
• Essentially you forfeit a right to the due process and protections of a Court of law for the efficiency of arbitration.
• There are mixed views about whether or not this is a good thing and you may have to decide for yourself.
• You may even be considering putting such a clause in your will or as part of your estate plan.
• What are the benefits?
• For one thing speed, an arbitration is going to proceed to a final hearing much sooner than a similar lawsuit.
• Costs tend to be lower as well given the lack of certain formalities that take up West Palm Beach probate attorneys’ time and resources.
• That being said those formalities may protect you, are you sure you want to waive them?
• You should use caution before proceeding to arbitration because you are not going to be able to stop once it starts in most cases.
• If you are considering trying to stay an arbitration you may want to read this new case out of the Third District Court of Appeal.

CT v. Samsung

• This was a complex dispute between two large companies that were both subject to anarbitration clause. 
• The Appellants appealed a decision by the trial court that essentially let the arbitrators decide whether or not the actions were subject to arbitration, in other words did the arbitrator have jurisdiction.
• Keep in mind that arbitrators are paid to arbitrate.
• Unfortunately the company’s arguments could not win the day and arbitration was set to continue.
• Are you trying to stay away from arbitration?
• Experienced Palm Beach probate attorneys are prepared to keep you out of arbitration if at all possible.

Want to learn more about arbitration in West Palm Beach?

Check out the entire case by clicking here.