QUESTION

Does a Motion to Compel arbitration have to be in lieu of an answer to avoid waiver in Florida?

Asked on Jul 08th, 2014 on Business Litigation - Florida
More details to this question:
If not, how soon should such a motion be filed after the answer to avoid waiver? Can discovery be answered w/out jeopardizing waiver? Can a small amount of discovery be requested?
Report Abuse

1 ANSWER

Business Law Attorney serving Jacksonville, FL
1 Award
In short, the answer to your question is yes.  Requesting arbitration would challenge the jurisdiction of the present forum.  If a party fails to challenge jurisdiction upon the first substantive response to a complaint the opposing party would likely claim you have waived your right to request arbitration.  All of this is depenedent upon whether the contract at issue calls for arbitration. 
Answered on Jul 09th, 2014 at 8:24 AM

This is answer is provided for informational purposes only and should not be taken as legal advice specific to any particular case.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters