How do I challenge forum-selection clauses in arbitration?
In Florida, a forum-selection clause in an arbitration agreement can be challenged, but there are specific steps that must be taken. First, you must notify the other parties to the arbitration agreement that you are challenging their forum-selection clause. This should be done in writing, as soon as possible. You should include the reasons why you are challenging the clause and any legal or other evidence that supports your challenge. Next, you should file an action in court. This can be done either through the state court system or a federal court. In this action, you should explain why you believe the forum-selection clause in the arbitration agreement is invalid or unjust and provide evidence to support your claim. It is important to remember that, even if you succeed in challenging the forum-selection clause, the other parties to the arbitration agreement may still be able to compel arbitration of certain disputes. Therefore, you may need to consider other avenues of dispute resolution. Generally, courts will try to preserve the parties’ rights to resolve disputes through arbitration. Therefore, unless your challenge is successful, the forum-selection clause in the arbitration agreement will likely remain in place.
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