| Volume 141 Number 5 |
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For the Lawyers
Attorney’s fees awarded for motion to compel arbitration. The court noted that "As the Act [FAA] makes clear, arbitration is a creature of contract. Parties must agree to arbitrate in the first instance, and may contractually limit or alter the issues to be presented to the arbitrators. The FAA requires courts to enforce privately negotiated agreements to arbitrate, like other contracts, in accordance with their terms. In this case, the parties contractually agreed to the possibility of fee-shifting if, ten days after the defendant reminded the plaintiff of the arbitration agreement, the plaintiff continued litigation. This is precisely what happened: Aralar failed to abide by the arbitration agreement by not withdrawing his suit within ten days of notice, and Cowles correctly enforced the relevant contractual term.” ARALAR v. SCOTT MCREA AUTOMOTIVE GROUP, U. S. Dist. Court, M.D. Florida (2018). Click here for more.