Arbitration & Mediation
Practice Alert – Supreme Court of Florida holds that Statute of Limitations applies to Arbitrations.
In November 2011, the Florida Second District Court of Appeals in Raymond James v. Phillips, Case number 2D10-2144, held that Florida's statutes of limitation did not apply to arbitrations where the arbitration agreement does not expressly provide for their application.
The Court reasoned that the claims brought in arbitration were not barred by Florida's statutes of limitations because arbitrations are not "actions" or "proceedings" for purposes of section 95.011, Florida Statutes (2005).
The Court believing the issue to be of great public importance certified to the Florida Supreme Court the following question:
DOES SECTION 95.011, FLORIDA STATUTES, APPLY TO ARBITRATION WHEN THE PARTIES HAVE NOT EXPRESSLY INCLUDED A PROVISION IN THEIR ARBITRATION AGREEMENT STATING THAT IT IS APPLICABLE?
The Florida Supreme Court rephrased the question as:
DOES SECTION 95.011, FLORIDA STATUTES, APPLY TO ARBITRATION?
The Court held that based on the language of the statue and the application of the principles of statutory construction, Florida’s statute of limitations applies to arbitration because an arbitration proceeding is within the statutory term “Civil action or proceeding” found in section 95.011. Raymond James v. Phillips, Case number SC11-2513, May 16, 2013.
Click here for the complete text of the case.