BGT GROUP, INC. v. TRADEWINDS ENGINE SERVICES, LLC, 36 Fla. L. Weekly D1207a (Fla. 4th DCA Jun. 8, 2011). Contracts -- Sales -- Arbitration -- No error in denying motion to compel arbitration of dispute between seller and purchaser where arbitration clause was contained in seller's “Terms and Conditions,” which were referenced in quotation and purchase order, but not specifically described in or attached to those documents -- Reasonable view is that seller, as drafter of documents, did not intend to incorporate any “terms and conditions” where it did not provide specific description of them or attach them to quote and purchase order . If you would like a copy of this decision, please feel free to reach me at miamipandi@comcast.net or through LinkedIn--my public profile can be found at
Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl
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