O'Keefe Architects, Inc. v. CED Construction Partners, Ltd.

1 Citing brief

  1. Lafontant v. Washington Square Financial LLC et al

    MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss . . Document

    Filed February 5, 2015

    Florida law (as well as New York law) follows the same standard as federal law with respect to who determines arbitrability: generally, it is a question for the court unless there is a clear and unmistakable agreement to arbitrate. See O'Keefe Architects, Inc. v. CED Constr. Partners, Ltd., 944 So.2d 181, 188 (Fla. 2006); Smith Barney Shearson, Inc. v. Sacharow, 91 N.Y.2d 39, 45-46 (1977). Case 7:14-cv-09895-CS Document 15 Filed 02/05/15 Page 11 of 16 Arbitration Association in effect at the time that the demand for arbitration is filed . . . .").5 The AAA Rules provide: "The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement."