ARBITRATOR MUST RULE FIRST ON LEGALITY OF CONTRACT

Court of Appeal of Florida, Fifth District

Charles Boyd Construction, Inc. v. Vacation Beach, Inc.

No. 5D06-2168
June 22, 2007

A Florida court, applying a recent U.S. Supreme Court decision, has reversed itself and ruled that the arbitrator, not a court, must first hear a challenge to the legality of a contract containing an arbitration clause.

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