Fla. Ruling Muddles Question Of Who Decides Arbitrability
International Arbitration and Litigation Partner Brian Briz authored a Law360 article about the question of whether the incorporation, by reference, of the American Arbitration Association's rules into an arbitration agreement effectively delegates the question of arbitrability away from the courts and to the arbitrators. Mr. Briz highlights a Florida case that recently wrestled with this very issue. The question is an important one because arbitration agreements normally incorporate the rules of an arbitral institution by reference to provide clarity as to which rules and procedures will govern the arbitration. Moreover, the rules of most major arbitral institutions provide that arbitrators have the power to determine their own jurisdiction and questions of arbitrability.