Appeals During and After Arbitration‚ State and Federal Issues

Arbitration is common in Florida courts. When choosing where to pursue a case that might end up in arbitration, lawyers need to think about the potential appellate outcome. The rules for arbitration are different in state and federal courts, so the outcome can vary depending on which court the lawyer picks. In Florida, arbitration is a popular way to resolve disputes. If someone wants to compel arbitration but it’s denied, they can appeal right away. The same goes for if a stay of arbitration is granted. But, strangely, there are no rules for appealing if a motion to compel arbitration is granted or a stay of arbitration is denied. The courts have decided that denying a stay of arbitration effectively compels arbitration and can be appealed. When a circuit court denies a motion to compel arbitration, the appellate court reviews it without giving much deference to the lower court. There are also rules for appealing other arbitration issues, like confirming or denying confirmation of an arbitration award. Florida’s laws on arbitration appeals are different from federal laws. Florida’s Arbitration Code outlines specific reasons for vacating an arbitration award. If an award is vacated, a court may order a rehearing before new arbitrators, but this is not always required. When reviewing arbitration awards, courts have very limited power to change or overturn them. In federal court, the preference for arbitration is even stronger, especially for cases involving interstate commerce. If a case does not involve interstate commerce, the Florida Arbitration Code applies in federal court. In federal courts, there are specific rules for when you can appeal a decision about arbitration. Usually, you can only appeal if the court denies arbitration, not if they compel it. An appeal can only be made if the decision is a final one, meaning it resolves the whole case and there’s nothing else left to decide. If the case includes other claims along with the request for arbitration, it can complicate things and lead to debates over whether an appeal can be made. This can make the process more confusing and cause issues in the appeals court. Basically, when there’s a dispute and one side wants to go to arbitration, the other side might try to stop it by going to federal court. If the court orders arbitration, the decision can be appealed. Once in arbitration, the court can only overturn the decision in very limited circumstances. It’s important to think about whether you want to go to arbitration or go to court, and how that decision might affect any future appeals. This is a list of legal cases and statutes related to arbitration in Florida, as well as some information about federal law on arbitration. The information is very technical and meant for lawyers, so it might be hard to understand. If you need to know about arbitration, it’s best to ask a lawyer for help.

Source: https://www.floridabar.org/the-florida-bar-journal/appeals-during-and-after-arbitrationstate-and-federal-issues/