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Posted by: John DeLancett There is an excellent article in the October Florida Bar Journal, by David Weintraub, concerning the fact that the absence of a statute of limitations clause in an arbitration agreement could result in a ruling that statutes of limitations do not apply to the parties' dispute. The author notes that Florida has no statute expressly providing that statutes of limitations apply to arbitration agreements. The author discusses the case of Martin Daytona Corporation v. Strickland Construction Services, 941 So. 2d 1220 (Fla.5th DCA 2006), which apparently held that the phrase "actions", contained in the Florida Rules of Civil Procedure, also applies to arbitration proceedings. Mr. Weintraub disagrees with this ruling. He strongly recommends a contractual provision be contained in all arbitration agreements to avoid potential difficulties. |
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Arbitration Agreements and Satutes of Limitation
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