Petition To Compel Arbitration

138 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Arb. Between Johns & Taramita, Inc.
  132 F. Supp. 2d 1021· S.D. Fla.· 2001-02-08 ·cited 12×
  A forum selection clause alone is insufficient to confer personal jurisdiction over a non-resident defendant in Florida, absent an independent basis under Florida's long-arm statute.
• Nester v. Montalvo and Carmen Montalvo
  643 So. 2d 648· Fla. 5th DCA· 1994-09-30 ·cited 12×
  Montalvo appealed a trial court's reduction of an arbitration award by 50% based on an 'other insurance' clause in his Travelers policy. The Florida appellate court reversed, holding that Travelers, as the primary insurer under Montalvo's policy, cannot reduce the arbitration awa
• Caribbean S.S. Co. v. Sonmez Denizcilik VE Ticaret A. S.
  598 F.2d 1264· 2d Cir.· 1979-05-17 ·cited 12×
  The court held that despite a prior ruling that the cargo owner's claim was non-arbitrable, the charterer, after assignment from the insurer, could compel arbitration of the cargo loss claim due to the unusual circumstances and the broad arbitration clause.
• Nashville Newspaper Printing Pressmen's Union Local 50 v. Newspaper Printing Corp.
  518 F.2d 351· 6th Cir.· 1975-06-09 ·cited 12×
  The court held that the parties' actions indicated an agreement to arbitrate the contract dispute, and the lower court did not abuse its discretion in ordering arbitration.
• Econo-Car Int'l, Inc. v. Antilles CAR Rentals, Inc.
  499 F.2d 1391· 3d Cir.· 1974-06-28 ·cited 12×
  The Federal Arbitration Act applies to the district court for the Virgin Islands, granting it authority to compel arbitration, but section 4 limits the court's power to order arbitration within its own district.
• A/S Custodia v. Lessin Int'l, Inc.
  503 F.2d 318· 2d Cir.· 1974-06-10 ·cited 12×
  The court held that disputed issues of fact regarding the making of an arbitration agreement must be resolved by a trial, not on affidavits.
• Newport Motel, Inc. v. Cobin Rest., Inc.
  281 So. 2d 234· Fla. 3d DCA· 1973-06-26 ·cited 12×
  An arbitration award may not be reversed for a mistake of law, and an award of attorney's fees to a prevailing lessee under a lease provision is not an abuse of discretion when supported by testimony regarding the nature and extent of services rendered.
• In re the Arb. of: Amalgamated Clothing & Textile Workers Union v. Ratner Corp.
  602 F.2d 1363· 9th Cir.· 1979-08-27 ·cited 11×
  Ratner Corporation is bound by the collective bargaining agreements signed by Ratner Manufacturing, and disputes over subcontracting fall within the scope of the arbitration clauses.
• In re the Arb. between Farkar Co.
  583 F.2d 68· 2d Cir.· 1978-08-16 ·cited 11×
  A non-signatory parent company can be bound by a contract signed by its subsidiary if the subsidiary is merely an alter ego, but arbitrators cannot award consequential damages if the contract expressly excludes them.
• Prudential-Bache Sec., Inc. v. Fitch
  966 F.2d 981· 5th Cir.· 1992-07-24 ·cited 10×
  The court held that the Federal Arbitration Act does not create independent federal question jurisdiction, and a petition to compel arbitration must independently establish federal jurisdiction based on the petition's face, not the underlying dispute.
• Webster v. Valiant Ins. Co.
  512 So. 2d 971· Fla. 5th DCA· 1987-07-30 ·cited 10×
  The court held that judges should defer to legislative bodies when creating new doctrines or answering policy questions.
• Unionmutual Stock Life Ins. Co. OF Am. v. Beneficial Life Ins. Co.
  774 F.2d 524· 1st Cir.· 1985-10-09 ·cited 10×
  The court held that an agreement to arbitrate in a specific forum implies consent to that forum's personal jurisdiction, and that an attempted rescission of the entire contract does not invalidate the arbitration clause under the severability doctrine.
• Retail Delivery Drivers v. Servomation Corp.
  717 F.2d 475· 9th Cir.· 1983-09-30 ·cited 10×
  The court held that procedural questions, including the timeliness of a demand for arbitration, are generally for the arbitrator to decide, not the court, when the parties have agreed to arbitrate the subject matter of the dispute.
• DELTA AIR Lines, Inc. v. Civil Aeronautics Bd.
  574 F.2d 546· D.C. Cir.· 1978-01-20 ·cited 10×
  The Civil Aeronautics Board (CAB) had the discretion to delegate the procedural issue of timeliness for arbitration requests to an arbitrator, and it did not abuse that discretion in this case.
• Aberle Hosiery Co. v. Am. Arb. Ass'n & Speizman Indus.
  461 F.2d 1005· 3d Cir.· 1972-05-24 ·cited 10×
  The court held that it lacks jurisdiction to hear the appeal because the order appealed from is interlocutory and does not decide the issue of arbitrability.
• Local Union NO. 490 v. Kirkhill Rubber Co.
  367 F.2d 956· 9th Cir.· 1966-09-26 ·cited 10×
  The court held that a dispute concerning the number of hours to which a rate of pay applies is not a dispute regarding 'rates of pay' and is therefore subject to arbitration under the collective bargaining agreement.
• Milk Drivers & Dairy Emps. Union Local NO. 388 v. Dairymen's League Co-Operative Ass'n, Inc.
  304 F.2d 913· 2d Cir.· 1962-07-19 ·cited 10×
  The court affirmed the district court's decision to stay proceedings and deny an injunction, finding it within the court's discretion given a pending state court action on the same dispute.
• In re Arb. between Imp. Exp. Steel Corp. & Nimpex Int'l, Inc. v. Miss. Valley Barge Line Co.
  351 F.2d 503· 2d Cir.· 1965-07-29 ·cited 9×
  A subcharterer is bound by an arbitration clause incorporated into bills of lading if it assumed the obligations of the disponent owner under the charter party and the bills of lading clearly incorporate the arbitration clause. However, a mere notify party on the bills of lading
• Teamsters Local 315 v. Union OIL Co. OF Cal.
  856 F.2d 1307· 9th Cir.· 1988-09-02 ·cited 8×
  The court should affirm the district court's decision ordering arbitration, as the dispute over seniority rights and the denial of work based on a company physician's opinion is arbitrable.
• In re the Arb. between Towers v. Brown
  732 F.2d 345· 3d Cir.· 1984-04-20 ·cited 8×
  The court held that a prior state court order denying arbitration, even if erroneous under federal law, is res judicata in federal court if California law would give it preclusive effect.
• In re the Arb. Between Stephen E. Bressette
  527 F.2d 211· 2d Cir.· 1975-12-23 ·cited 8×
  The court held that the Union's claims, including those related to the pension plan, were arbitrable under the collective bargaining agreement's broad arbitration clause.
• Ernest James Brown Tr. v. Braniff
  2012 WL 10488184· M.D. Fla.· 2020-04-30 ·cited 7×
  The court held that a trust must be represented by an attorney and that artificial entities cannot proceed in forma pauperis, dismissing the case as frivolous.
• Sunshine Beauty Supplies, Inc. v. United States Dist. Court FOR THE Cent. Dist. OF Cal.
  872 F.2d 310· 9th Cir.· 1989-04-06 ·cited 7×
  The court held that the district court erred in transferring venue without considering the forum-selection clause and in transferring venue for the motion to confirm the arbitration award.
• Se. Res. Recovery Facility Auth. v. Montenay Int'l Corp.
  973 F.2d 711· 9th Cir.· 1992-08-18 ·cited 6×
  A state court order compelling arbitration, even if framed as a denial of an injunction, is entitled to full faith and credit in federal court and precludes relitigation of the same issues.
• Transit MIX Concrete Corp. v. Local Union NO. 282
  809 F.2d 963· 2d Cir.· 1987-01-22 ·cited 6×
  The court held that the collective bargaining agreement's broad arbitration clause encompasses disputes regarding the interpretation and effect of a finality clause, leaving such questions to the arbitrator in the first instance.
• Mun. Energy Agency OF Miss. v. BIG Rivers Elec. Corp.
  804 F.2d 338· 5th Cir.· 1986-11-17 ·cited 6×
  The court held that the district court did not err in staying the declaratory judgment action pending arbitration and in refusing to enjoin the separate action to compel arbitration.
• Int'l Bhd. OF Elec. Workers, Local 1228, AFL-CIO v. Wnev-Tv
  778 F.2d 46· 1st Cir.· 1985-11-27 ·cited 6×
  The court held that a district court's role in a § 301 suit to compel arbitration is limited to determining arbitrability, not the merits of the underlying dispute.
• In re Arb. between Maria Victoria Naviera, S.A. v. Cementos del Valle, S.A.
  759 F.2d 1027· 2d Cir.· 1985-04-04 ·cited 6×
  The court held that the district court did not err in compelling arbitration and denying dismissal on forum non conveniens grounds, as the arbitration agreement was broad and the parties consented to the forum by agreeing to arbitrate.
• Hosp. & Institutional Workers Local 250 v. Pasatiempo Dev. Corp.
  627 F.2d 1011· 9th Cir.· 1980-09-17 ·cited 6×
  A successor employer is not bound by a predecessor's collective bargaining agreement, including arbitration clauses, unless it expressly or impliedly assumes the agreement.
• Arison Shipping Co. v. Klosters Rederi A/S
  268 So. 2d 428· Fla. 3d DCA· 1972-10-18 ·cited 6×
  The court held that an arbitration clause providing for alternative arbitration methods, including the option for 'London Arbitration,' does not negate the applicability of the Florida Arbitration Code.
• Uniroyal, Inc. v. A. Epstein & Sons, Inc.
  428 F.2d 523· 7th Cir.· 1970-06-16 ·cited 6×
  A subcontract's clause binding the subcontractor to the contractor's obligations to the owner requires the subcontractor to participate in arbitration proceedings between the owner and contractor, even if the subcontract contains separate, more restrictive arbitration time limits
• DET Bergenske Dampskibsselskab v. Sabre Shipping Corp.
  341 F.2d 50· 2d Cir.· 1965-01-25 ·cited 6×
  A warrant of foreign attachment served on a branch office in one federal district is ineffective to garnish a bank account at a branch office of the same bank located in another federal district within the same state.
• Local 12298 v. The Bridgeport GAS Co.
  328 F.2d 381· 2d Cir.· 1964-02-27 ·cited 6×
  The court held that the dispute over whether the company violated the collective bargaining agreement by not posting a vacancy was subject to arbitration.
• State Bd. OF Admin. v. Burns
  70 So. 3d 678· Fla. 1st DCA· 2011-08-23 ·cited 5×
  The State Board of Administration (SBA) challenged an order compelling arbitration of a dispute with law firms over compensation under a contingency fee agreement for work on a failed lawsuit against an investment manager. The court reversed, holding that the arbitration clause w
• First Nat'l Life Ins. Co. v. Cal. Pac. Life Ins. Co.
  876 F.2d 877· 11th Cir.· 1989-06-28 ·cited 5×
  The court held that summary judgment for the defendant was proper because the plaintiff failed to present admissible evidence to create a genuine issue of material fact, and the court did not err in denying the plaintiff's subsequent motions to set aside the judgment.
• Ranger Fuel Corp. v. The Youghiogheny & Ohio Coal Co.
  677 F.2d 378· 4th Cir.· 1982-03-25 ·cited 5×
  The court held that the district court lacked jurisdiction to compel arbitration because an indispensable party, Bellemead, would destroy diversity jurisdiction.
• Pawtucket Mut. Ins. Co. v. Manganelli
  3 So. 3d 421· Fla. 4th DCA· 2009-02-18 ·cited 4×
  An insurer's wrongful insistence that arbitration of an uninsured motorist claim take place in a county other than where the insured lives, contrary to the policy language, justifies an award of attorney's fees under Florida Statutes § 627.428.
• Tetzlaff v. Raymond James & Assocs., Inc.
  649 So. 2d 289· Fla. 4th DCA· 1995-01-18 ·cited 4×
  Warren Tetzlaff appeals a summary judgment denying his petition to compel arbitration of claims against Raymond James & Associates and Jeffrey P. Wilson arising from a charitable remainder annuity trust investment. The court reverses, holding that arbitrators, not courts, must de
• Bear v. Bennett
  938 F.2d 31· 2d Cir.· 1991-07-08 ·cited 4×
  The court held that the district court erred in dismissing Bear Stearns' petition to compel arbitration in New York City, as the agreement clearly designated New York as the arbitration venue.
• Gov't Emps. Ins. Co. v. Benton
  859 F.2d 1147· 3d Cir.· 1988-10-12 ·cited 4×
  The court held that the policy was 'issued' after the statutory effective date because the policy document itself was not created until after that date, despite earlier coverage under a binder.
• Winery v. E & J Gallo Winery, Inc.
  857 F.2d 1353· 9th Cir.· 1988-05-27 ·cited 4×
  The court held that the dispute over whether strike misconduct was violent is arbitrable under the collective bargaining agreement, and the Amnesty Clause does not prevent arbitration of this threshold issue.
• Am. Cas. Co. OF Reading v. Fernandez
  490 So. 2d 1340· Fla. 3d DCA· 1986-07-08 ·cited 4×
  American Casualty Company appeals a summary judgment finding uninsured motorist coverage under a policy issued to the vehicle operator and compelling arbitration. The court reverses, holding that a passenger injured in a leased vehicle does not qualify as a 'covered person' under
• In re the Arb. between Ass'n OF Prof'l Flight Attendants v. Am. Airlines, Inc.
  767 F.2d 1331· 9th Cir.· 1985-08-07 ·cited 4×
  The court held that an airline's refusal to arbitrate a flight attendant's grievance regarding a 'no beard' policy was improper, as the dispute falls within the scope of the collective bargaining agreement's arbitration clause.
• Am. Fed'n OF Television & Radio Artists, AFL-CIO v. Inner City Broad. Corp.
  748 F.2d 884· 2d Cir.· 1984-11-21 ·cited 4×
  The court held that the district court erred in finding that the parties did not intend to be bound by an oral agreement, as federal labor law favors collective bargaining agreements and technical rules of contract do not control. The court reversed the denial of arbitration and
• Sharon Steel Corp. v. Jewell Coal & Coke Co.
  735 F.2d 775· 3d Cir.· 1984-06-01 ·cited 4×
  The court held that the district court erred in denying the petition to compel arbitration because the appellant raised a prima facie claim of arbitrability, which should be decided by the arbitrator.
• Sprague & Rhodes Commodity Corp. v. Instituto Mexicano del Cafe
  566 F.2d 861· 2d Cir.· 1977-12-07 ·cited 4×
  The court held that the district court must determine the jurisdictional effect of the appearance made in the Mexican court before ruling on the petition to compel arbitration.
• United States v. Edward R. Marden Corp.
  406 F.2d 525· 1st Cir.· 1969-01-27 ·cited 4×
  The court held that a suit must be brought within the Miller Act's one-year limitations period, even if arbitration is sought, to preserve claims against sureties.
• In re the Arb. between Tehran-Berkeley Civil & Env't Eng'rs
  888 F.2d 239· 2d Cir.· 1989-10-20 ·cited 3×
  The court held that the district court correctly determined that TAMS and AFFA executed the contract as joint obligors on behalf of the TAMS-AFFA joint venture, thus establishing the making of an arbitration agreement and compelling arbitration.
• Arbitration Between Merrill Lynch v. Haydu
  482 F. Supp. 788· S.D. Fla.· 1980-01-11 ·cited 3×
  The court held that a federal court may enjoin state court proceedings to protect and effectuate its prior judgment compelling arbitration, even when that judgment is pending appeal, provided traditional equitable prerequisites are met.
• Tribeca Asset Mgmt., Inc. v. Ancla Int'l, S.A.
  336 So. 3d 246· Fla.· 2022-03-24 ·cited 2×
  Tribeca Asset Management, Inc. sought review of a Third District Court of Appeal decision that had found personal jurisdiction over Tribeca based on a contract provision. The Florida Supreme Court held that the disputed contract provision was a choice of law clause rather than a