What Claims Fall Within a West Palm Beach Arbitration Clause?

Are you a beneficiary to a West Palm Beach trust that contains   an arbitration agreement? Do you want to sue in civil court rather than pursue arbitration? How can you know which claims are the subject of an arbitration clause in a West Palm Beach trust charter? Check out this case out of the Fourth District Appeal in and for West Palm Beach to learn more about this common issue.

Arbitration Agreements

• An arbitration agreement is the main reason parties end up in arbitration, although some statutes like the medical malpractice reform act may put you in West Palm Beach arbitration without an agreement.
• Do you know what arbitration is?
• A less formal setting than trial, this form of alternative dispute resolution has a neutral third party arbitrator (sometimes an entire panel) to decide facts and settle disputes.
• Often a dispute arises around whether or not a particular case falls within the circle of contemplated actions within an arbitration clause.
• In other words, what if you have an arbitration clause in a trust that reads any and all disputes that arise out of this trust shall be covered by arbitration.
• Now, lets say you are at a meeting with the trustee and he punches you in the nose, is that civil battery within the arena of the clause?
• Does your answer change if the battery occurred at a bar on a weekend?
• This is a question that courts often face, as one party usually would prefer to avoid arbitration all together.
• Do you know why?
• Maybe they want to get to the jury.

New Castle Shipyards LLC v. C&N Yacht Refinishing

• In this case the Fourth District Court of Appeals reviewed a motion for summary judgment that found that all of a party’s claims were subject to arbitration.
• On appeal the court noted various factual issues that needed to be resolved prior to a finding one way or the other.
• Do you know how you are going to prove to a court your claim is outside of the Palm Beach arbitration agreement?

Want to learn more?

Check out the entire case by clicking here.