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IN RE PETITION FOR BINDING ARBITRATION

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The document is a Summary Final Order from the Florida Department of Business and Professional Regulation regarding a petition for binding arbitration filed by the Turnberry Ocean Colony North Tower Condominium Association. The case involves a recall attempt of board members Lawrence Levy and Andrea Weinmen, which was not certified due to insufficient valid votes after two ballots were deemed pre-marked. The arbitrator affirmed the Association's decision not to certify the recall.

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How binding is binding arbitration?

Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrators decision as final. Generally, there is no right to appeal an arbitrators decision. Non-binding arbitration means that the parties are free to request a trial if they do not accept the arbitrators decision.

Can you sue after binding arbitration?

(Title 22 California Code of Regulations 72516(d)). Residents and their legal representatives can rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature.

Are arbitration clauses always enforceable?

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didnt understand your rights or your claims fall outside the arbitration provisions scope.

What is a petition for arbitration?

Ask the court to approve (confirm) or correct an arbitrators decision (award) in an arbitration done under an agreement between the parties and to make the award a court decision (judgment) or ask the court to cancel (vacate) the arbitrators award.

What does binding arbitration mean?

What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision. Arbitration takes the place of a trial before a judge or jury.

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Are binding arbitration clauses enforceable?

of Conflict Resolution 415 (2020). [10] The text of the FAA declares that written provisions in a contract to settle by arbitration a controversy thereafter arising out of such contract are valid, irrevocable, and enforceable. 9 U.S.C. 2.

Are binding arbitration clauses legal?

Arbitration agreements are generally enforceable in all 50 states; particularly in commercial settings between sophisticated parties. However, courts in many states are hostile to fine print arbitration agreements, particularly between employers and employees.

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How binding is binding arbitration?

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