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An Arbitration Clause

Ira Marcus v. Florida Bagels, LLC, Arsenal Holdings, LLC and Egg Ventures, LLC, 38 Fla. L. Weekly D896b, Case No. 4D12-2971, issued April 24, 2013:  Trial court’s order denying a non-signatory’s motion to compel arbitration was affirmed where the contracting parties had repudiated their contractual rights to arbitrate and elected instead to litigate. While discussing the circumstances in which a non-signatory to a contract containing an arbitration clause was allowed to compel arbitration under the doctrine of equitable estoppel where the other parties were already involved in arbitration proceedings, here the non-signatory was not allowed to avail himself of the arbitration provision where the parties to the contract had not proceeded with arbitration.

 

(From RPPTL Subcommittee)