A business contract arbitration lawyer in Florida helps companies handle a dispute that goes to a private arbitrator instead of a judge or jury. Most of these disputes start with an arbitration clause already written into the contract. This page explains how that clause works, what the process looks like, and what happens after an award. Ayala Law PA focuses its practice on business disputes and represents businesses in Tampa, Hillsborough County, and the Tampa Bay area, with its office in Tampa.
What business contract arbitration is and who it fits
Business contract arbitration is a private process where a neutral arbitrator decides a dispute between businesses. A judge or jury does not decide it.
The parties usually agree to arbitration ahead of time. The agreement is often one clause inside a sales, service, partnership, or construction contract. That clause says future disputes go to arbitration instead of a courtroom.
Florida law generally enforces these clauses. Fla. Stat. § 682.02 says an agreement in a record to arbitrate any existing or later dispute is “valid, enforceable, and irrevocable.” The exception is a ground that exists to revoke a contract under general law.
This process fits business owners who hold a contract with an arbitration clause. It also fits owners who receive a demand from the other side to arbitrate. Arbitration does not end in a jury verdict. It ends in a written award from the arbitrator.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
When an arbitration clause controls where a dispute is heard
A valid arbitration clause usually sends covered disputes to arbitration. Whether a specific claim falls under the clause turns on the contract language and the facts.
Under Florida law, the court decides whether an arbitration agreement exists and whether a controversy is subject to it. Fla. Stat. § 682.02 places that question with the judge. An arbitrator decides other questions, such as whether a condition to arbitrating has been met.
If the other side refuses to arbitrate, you can ask a court to order it. Under Fla. Stat. § 682.03, the court decides the issue quickly if the other side opposes. It orders arbitration unless it finds there is no enforceable agreement. The court cannot refuse arbitration because the claim lacks merit.
Many business owners expect a judge to weigh who is right before a case goes to arbitration. The court looks at whether a valid agreement exists, not at who will win.
The Federal Arbitration Act, 9 U.S.C. § 2, may also apply to certain arbitration agreements. Florida’s revised arbitration code, Fla. Stat. § 682.013, now governs arbitration agreements whenever they were made, including agreements signed before July 1, 2013.
Wording matters. The scope, named rules, location, and number of arbitrators all shape what gets decided and where. Read the clause before you answer a demand.
Business disputes this practice handles
Ayala Law PA focuses its practice on several kinds of business disputes. Many of these contracts include arbitration terms.
- Commercial and contract disputes: breach of contract, unpaid invoices, withheld payments, and disagreements over performance or warranties.
- Shareholder and partnership disputes: governance conflicts, buyout and valuation disagreements, and disputes under operating or partnership agreements with arbitration terms.
- Construction disputes: contractor and subcontractor claims, payment disagreements, and construction contract fraud matters.
- Real estate disputes: purchase disagreements and commercial lease disputes.
- International trade disputes: cross-border sales contract disagreements. The UNCITRAL CISG text and status page covers the UN treaty that governs many international sale-of-goods disputes.
This page covers arbitration of these business matters only. It does not cover every legal problem a business can face.
How the arbitration process works, step by step
Arbitration usually moves through six stages, from reviewing the contract to receiving a written award.
- Review the contract. Read the arbitration clause, the named rules, the forum, and any notice or deadline terms.
- Demand or respond. One side files a demand with the forum named in the contract. The other side responds.
- Choose the arbitrator. The parties select an arbitrator or panel under the contract or the forum’s rules.
- Exchange information. Both sides share documents and prepare witnesses and exhibits.
- Hold the hearing. Each side presents evidence and argument to the arbitrator.
- Receive the award. The arbitrator issues a written award.
Timing is driven by the forum’s rules, how complex the claims are, the arbitrator’s calendar, and whether a court becomes involved.
A common mistake is waiting to read the contract until a demand arrives. Read the clause and notice terms now, so you can respond on time. Time limits also apply to many claims. Fla. Stat. § 95.11 sets time periods for many kinds of actions, so check yours early.
What happens after an arbitration award
After an arbitrator issues an award, a party may ask a court to confirm it. A party may ask a court to vacate it only on the grounds the statute lists.
Under Fla. Stat. § 682.13, a court must vacate an award if it was procured by corruption, fraud, or other undue means. The same applies if a neutral arbitrator showed evident partiality or an arbitrator exceeded the arbitrator’s powers. The statute lists other grounds too, and the list is specific.
A motion to vacate must be filed within 90 days after the movant receives notice of the award. If the award was procured by corruption or fraud, the 90 days run from when the ground is known, or would have been known with reasonable care.
If a motion to vacate is denied and no motion to modify or correct is pending, the court shall confirm the award.
The 90-day window is easy to miss. Note the date you receive the award and calendar it right away.
Why work with Ayala Law PA on a business contract arbitration matter
Eduardo A. Maura is the lawyer responsible for this page and the matters described here. The practice also has support staff who help with case administration.
The practice handles business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation in Florida courts and arbitration.
Our office is at 1646 W Snow Ave in Tampa, Florida. We serve businesses in Tampa, Hillsborough County, and the wider Tampa Bay area.
Our team starts with a close reading of the contract, the arbitration clause, and any demand or notice. We then explain your options in plain language so you can decide the next step.
Every dispute is different, so no outcome can be promised or predicted.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Frequently asked questions about business contract arbitration in Florida
These short answers cover common questions about arbitration in Florida.
Can my business be forced into arbitration if the contract says so?
Usually, yes, when the clause is valid and covers the dispute. A judge generally decides whether the agreement exists and whether the dispute falls under it, unless the contract delegates that question to the arbitrator.
Can I go to court if the other side refuses to arbitrate?
Yes. You can ask a court to order arbitration through a motion to compel. The court cannot refuse only because the claim lacks merit.
How long does business contract arbitration take?
Timing is set by the forum’s rules, the complexity of the claims, and the arbitrator’s calendar. Court involvement can add time.
Is an arbitration award final?
A court can confirm an award. A court can vacate an award only on the grounds the statute lists, and a motion generally must be filed within 90 days, although for awards procured by corruption, fraud or other undue means that period runs from when the ground is known or reasonably should have been known (Fla. Stat. § 682.13(2)). An award can also be modified or corrected under Fla. Stat. § 682.14.
Does the firm charge for the initial case evaluation?
Contact our office to discuss your dispute and to ask how a case evaluation can be arranged.
Talk with Ayala Law PA about your arbitration dispute
Our office can review your contract and arbitration clause and explain your next steps in plain language.
If a demand for arbitration just reached your business, gather the contract, its arbitration clause, and every notice you received. Then request a case evaluation or call (305) 570-2208.
Ayala Law PA, 1646 W Snow Ave, Tampa, FL. Responsible lawyer: Eduardo A. Maura.
