Arbitration & Mediation

Dispute Over Arbitration Clause in Private School Contract Must Receive Evidentiary Hearing

By Christopher B. Hopkins, Esq.

The Fourth District ruled this week that a contested arbitration clause must be resolved via an evidentiary hearing.

The case is The King's Academy, Inc. and Robert Crowley v. John Doe et al.

Of note, this case seems identical to Curcio v. Sovereign Healthcare of Boynton Beach, LLC, so there is some surprise that the court did not simply issue a PCA.

Essentially, the ruling can be expressed in mathematical terms:

[dispute over unconscionability] + [dispute over circumstances surrounding execution of contract] = mandatory evidentiary hearing per F.S. 682.03(1)("If the court shall find that a substantial issue is raised as to the making of the agreement or provision, it shall summarily hear and determine the issue and... grant or deny the application")

Full post as published by Florida Arbitration Law on March 11, 2010 (boomark / email).