New arbitration case -- be careful in drafting arbitration clauses in Florida

June 08, 2011

BGT GROUP, INC. v. TRADEWINDS ENGINE SERVICES, LLC, 36 Fla. L. Weekly D1207a (Fla. 4th DCA Jun. 8, 2011). Contracts -- Sales -- Arbitration -- No error in denying motion to compel arbitration of dispute between seller and purchaser where arbitration clause was contained in seller's “Terms and Conditions,” which were referenced in quotation and purchase order, but not specifically described in or attached to those documents -- Reasonable view is that seller, as drafter of documents, did not intend to incorporate any “terms and conditions” where it did not provide specific description of them or attach them to quote and purchase order . If you would like a copy of this decision, please feel free to reach me at miamipandi@comcast.net or through LinkedIn--my public profile can be found at 

http://www.linkedin.com/in/michelleoterovaldes .