Hello, We are a business in Florida and I have a question about an arbitration ruling we were unhappy with.
- we went to arbitration with that company and we were awarded $475 (way less then what we were seeking)
- we made repeated attempts to get them to pay the $475 (emails and 2 certified letters).... they never responded.....
- is the fact that they never paid reason enough to have the judgment thrown out and heard again in front of a real judge?
- here is the arbitration clause in that contract:
15. Arbitration. Client agrees that any dispute between Client and Developer will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between Client and Developer. The arbitration shall be held at any reasonable location in the State of Florida by submission of documents, by telephone, on-line or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees and disbursements, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. CLIENT UNDERSTANDS THAT CLIENT WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, AND THAT CLIENT HAS EXPRESSLY AND KNOWINGLY WAIVED THAT RIGHT AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C.A. §§ 1 et seq. For the purposes of this section, the term "dispute" means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, Accessory, Service or otherwise from Developer; the term "Developer" means Developer, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term "Client" means Client, the original purchaser, Client’s agents, beneficiaries, or heirs.
- they never did what was ordered of them, so they are in violation of the contract (specifically the arbitration provision).
- Is this breach grounds to have the judgement dismissed and reheard in a real court of law?
- Also we requested clarification/justification of the ruling, the arbitrator refused to supply us with one.
- The arbitrator had never gone to law school --- so he had never been a lawyer or judge, can he be making rulings on contract law?
- Is there any case law that would support our case?
Please let us know, I appreciate any feedback, advice or suggestions you may have. thanks!
- we went to arbitration with that company and we were awarded $475 (way less then what we were seeking)
- we made repeated attempts to get them to pay the $475 (emails and 2 certified letters).... they never responded.....
- is the fact that they never paid reason enough to have the judgment thrown out and heard again in front of a real judge?
- here is the arbitration clause in that contract:
15. Arbitration. Client agrees that any dispute between Client and Developer will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between Client and Developer. The arbitration shall be held at any reasonable location in the State of Florida by submission of documents, by telephone, on-line or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees and disbursements, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. CLIENT UNDERSTANDS THAT CLIENT WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, AND THAT CLIENT HAS EXPRESSLY AND KNOWINGLY WAIVED THAT RIGHT AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C.A. §§ 1 et seq. For the purposes of this section, the term "dispute" means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, Accessory, Service or otherwise from Developer; the term "Developer" means Developer, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term "Client" means Client, the original purchaser, Client’s agents, beneficiaries, or heirs.
- they never did what was ordered of them, so they are in violation of the contract (specifically the arbitration provision).
- Is this breach grounds to have the judgement dismissed and reheard in a real court of law?
- Also we requested clarification/justification of the ruling, the arbitrator refused to supply us with one.
- The arbitrator had never gone to law school --- so he had never been a lawyer or judge, can he be making rulings on contract law?
- Is there any case law that would support our case?
Please let us know, I appreciate any feedback, advice or suggestions you may have. thanks!