Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

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Wednesday
Jun192013

Appeals Court Reconsiders: Circuit Court should not Review Arbitration Panel's Decision

The Third District Court of Appeal of Florida withdrew its earlier opinion stating that, in a confirmation proceeding, the Circuit court could review an arbitration panel's decision on whether a party had the power to institute the arbitration.

Read the 3rd DCA opinion in Suzlon Energy v. Ventus de Nicaragua.  Congratulation to my friend Brian Silverio for winning the reconsideration.

Read the original 3rd DCA opinion, which was reversed.

My partner, Daniel Vielleville leads Assouline & Berlowe's arbitration group.  Daniel thought the 3rd DCA mitigated a major mistake by withdrawing its earlier opinion.  Daniel says arbitration award winners should take three lessons from the opinion:

  1. A confirmation of an arbitration award should be performed in Federal Court.
  2. If you ignore number 1, federal decisions should be applied by a state court when deciding to set aside an award.
  3. When an arbitration panel confirms that a party had power to bring an arbitration, the court loses the power to review that decision during a confirmation proceeding.

If you need a lawyer to represent you in an arbitration or if you have an arbitration award that you want to confirm in Florida, contact Daniel Vielleville.

 

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  • Response
    Response: Dr. Andrew Ting
    Appeals Court Reconsiders: Circuit Court should not Review Arbitration Panel's Decision - Pearson Blog - Patents, Trademarks, and Copyrights

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