Arbitration & Mediation

Who Decides Timeliness of Request for Arbitration: Court or Arbitrator?

By Christopher B. Hopkins, Esq.

We've been down this road before and it seems that the Florida state courts are beginning to align, with one possible wrinkle. In a very short Fourth DCA opinion in Thierry Albert Thenet v. Ken Jenne and Broward Sheriff's Office, the court held that timeliness (even if labeled a condition precedent) is for arbitrator. Thenet had requested arbitration under the collective bargaining agreement when he was terminated from his career deputy position.

The Thenet panel cited supported case law from the 1st, 3rd, and 5th DCA as well as the O'keefe Architects, Inc. v. CED Construction Partners, Ltd. case from the Florida Supreme Court. Interestingly, the panel did not cite the recent Hubbard Construction Company v. Jacobs Civil, Inc. case from the 5th DCA. Note that in Hubbard there was a distinction between timeliness (arbitrator) and condition precedent (court) whereas in Thenet the court cited to a case that said timeliness, even if it is in the contract as a condition precedent, is for the arbitrator.

Full post as published by Florida Arbitration Law on December 05, 2007 (boomark / email).