Arbitration Clause Disputes in Your Business Agreements

An arbitration clause dispute is a disagreement over whether a contract’s arbitration term applies and whether it can be enforced. This guide explains how these disputes work in Florida, what the process looks like, and how KEW Legal helps business owners and investors decide their next step. KEW Legal is an arbitration clause dispute attorney Miami-Dade business owners can contact, with offices in Coral Gables and Sunny Isles Beach.

What an Arbitration Clause Dispute Involves

An arbitration clause is a term in a contract that sends disputes to a private arbitrator instead of a judge. Florida law treats a written agreement to arbitrate as valid, enforceable, and irrevocable, unless a ground exists to revoke a contract. Federal law addresses arbitration in contracts involving commerce: a written provision in a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of that contract or transaction is valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract, subject to certain statutory exceptions.

Most of these disputes turn on three questions:

• Does a valid arbitration agreement exist?
• Does this particular claim fall inside the clause?
• Can the clause be enforced under ordinary contract defenses?

Under Florida’s arbitration law, in Chapter 682 of the Florida Statutes, a court decides whether an agreement exists and whether a controversy is covered. An arbitrator decides certain conditions and whether the contract is enforceable. That split matters, because it tells you where a challenge belongs.

This page is for owners, investors, and managers who signed a contract with an arbitration clause or received a demand to arbitrate.

What KEW Legal Handles in Arbitration Clause Disputes

KEW Legal reviews the clause and the full agreement, then builds a plan around the dispute. Our work includes:

• Clause review: reading the arbitration term with the governing law, the place of arbitration, and any reference to rules from groups such as the American Arbitration Association or JAMS.
• Court carve-outs: checking whether the contract lets either side go to court for some claims.
• Enforceability challenges: Florida courts weigh how the deal was made and how unfair the terms are, and they consider both together. Basulto v. Hialeah Automotive
• Motions to compel: asking a court to order arbitration when the other side refuses. A court may not refuse just because the claim lacks merit.
• Motions to stay: under the same statute, a court that orders arbitration must, on just terms, pause related court claims.
• Award challenges: a motion to vacate generally must be filed within 90 days after you receive notice of the award.

How the Process Works: Step by Step

The process moves in stages, from a first review to an award or settlement. Here is the usual sequence:

1. First consultation. We review the contract, the demand or lawsuit, and any dates in those papers.
2. Document review. We confirm the clause’s scope, governing law, arbitration rules, and any court carve-outs.
3. Strategy choice. You decide whether to compel arbitration, challenge the clause, or negotiate.
4. Filing or response. We file with the arbitration forum or court, or respond to the demand. Early steps can include selecting an arbitrator under the contract’s procedure.
5. Hearing and award. The dispute is heard or submitted, and the arbitrator issues an award.
6. Enforcement or challenge. If needed, a party asks a court to confirm, modify, or vacate the award. A motion to modify or correct generally also has a 90-day window.

Timing depends on the facts of each matter, including how complex the clause is and whether the other side contests arbitration.

Arbitration Compared With Court Litigation

Arbitration swaps a public courtroom for a private process, with a decision-maker chosen under the contract. Here is how the two compare:

• Privacy: arbitration hearings are generally private, while court filings are generally public.
• Decision-maker: an arbitrator or panel decides the case, not a judge or jury.
• Discovery: information exchange and motion practice are typically narrower than in court.
• Review: a court can vacate an award only on listed grounds, such as fraud, an arbitrator who exceeded their powers, or no agreement to arbitrate.
• Fees: Florida generally follows the American Rule, so each side pays its own attorneys’ fees unless a contract or statute says otherwise. Price v. Tyler Forum and arbitrator fees are separate costs.

Why Businesses Work With KEW Legal

KEW Legal is a Florida business law firm that acts as outside general counsel for business owners and investors. Here is what that means in practice:

• Two offices: Coral Gables and Sunny Isles Beach, serving clients across Miami-Dade and South Florida.
• Connected practice areas: partnership disputes, business contract and vendor disputes, and commercial leases are handled by the same firm. The arbitration question is reviewed alongside the business relationship behind it.
• Responsible lawyer: Kristina E. Wilson is the lawyer responsible for this page. Natalie Martinez is also one of the firm’s lawyers.
• Process support: our team coordinates document review, deadlines, and client communication for matters that move quickly.
• Fee terms: the initial consultation is free, confidential, and comes with no obligation to continue.

Related Contract Disputes We Also Handle

Arbitration clauses often sit inside agreements that raise other business disputes. Our practice areas include:

• Business contract and vendor disputes: unpaid invoices, missed deliveries, and disagreements over what a contract requires.
• Partnership disputes: operating agreements, buy-sell terms, and disagreements among owners.
• Commercial leases and evictions: lease terms, dispute clauses, and commercial eviction for owners who live abroad.
• Business sales, acquisitions, and succession: purchase and succession agreements that include dispute terms.
• Employment agreements for employers: dispute terms in employee contracts.

Disputes sometimes include an unjust enrichment claim alongside a contract claim. Under Florida law, an unjust enrichment claim is generally not available when an express contract covers the same subject matter, although exceptions exist, such as when the existence or validity of the express contract is itself disputed. This can matter when one side tries to move a contract claim outside an arbitration clause by relabeling it.

Frequently Asked Questions

Talk Through Your Arbitration Clause With Our Team

If you’ve received a demand to arbitrate, or a landlord or vendor is relying on your clause, the next step is a careful look at the contract. Bring the signed agreement, the demand or complaint, and any notices you’ve received. In the first consultation, we review the clause, the timing of any response, and the options open to you. Our offices are in Coral Gables and Sunny Isles Beach. Call 305-990-2300 or send us a message to start.