Are there any defenses to an arbitration agreement?

Yes, there are multiple defenses to an arbitration agreement in Florida. First, the arbitration agreement is not enforced if it was signed as a condition of employment without sufficient opportunity to negotiate the terms. This is because in Florida employers have a duty to provide employees with reasonable notice of the terms of the arbitration agreement and permit sufficient time for the employee to read and understand it. Second, an arbitration agreement can be unenforceable if it violates public policy, such as if it denies a worker’s right to medical or legal counsel. It can also be void if it is a contract of adhesion, meaning it was drafted by one party and presented to the other party as a take-it-or-leave-it offer. Third, an arbitration agreement cannot be enforced to limit the scope of damages or other remedies that would be available in a civil lawsuit. Similarly, punitive damages are not available in arbitration and damages may be limited depending on the applicable arbitration rules. Finally, an arbitration agreement may not be enforced if there is evidence of fraud, duress, or undue influence when entering into the agreement. Issues such as these can be taken to the court to be reviewed on a case-by-case basis. In conclusion, although arbitration agreements are generally legally binding, there are a few circumstances in which that agreement can be held unenforceable.

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Are there any defenses to an arbitration agreement?

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