Commercial Arbitration

What Is Commercial Arbitration?

Commercial arbitration is a private dispute resolution process governed by contract. Instead of filing a lawsuit in court, the parties present their claims before a neutral arbitrator or panel whose decision is typically final and binding.

Arbitration proceedings are often governed by:

• The Federal Arbitration Act (FAA)

• Florida Arbitration Code (Chapter 682, Florida Statutes)

• District of Columbia arbitration statutes

• Institutional rules such as the American Arbitration Association (AAA)

Unlike court litigation, arbitration is generally confidential. Proceedings are not part of the public record, hearings are private, and filings are not publicly accessible. For businesses concerned with reputational exposure, trade secrets, or proprietary financial information, this privacy can be significant.

Arbitration may also offer procedural efficiency. Hearing dates are often scheduled more quickly than trial dockets, and proceedings may move on a more compressed timeline. However, administrative fees and arbitrator compensation can increase costs in complex matters, particularly where multi-day hearings are required. The enforceability of arbitration clauses—and the scope of disputes subject to arbitration—frequently depends on careful interpretation of the underlying agreement.

Strategic Considerations in Arbitration

Arbitration differs from litigation in several meaningful ways.

Discovery is typically more limited than in court. Arbitrators often restrict depositions and document requests to streamline proceedings. While this can reduce cost and delay, it may also limit the ability to develop expansive evidentiary records.

Evidentiary standards are generally more flexible. Arbitrators are not strictly bound by formal rules of evidence, and hearings may proceed with greater procedural informality. This flexibility can benefit or disadvantage a party depending on the factual posture of the dispute.

Appellate review is significantly restricted. Under the Federal Arbitration Act and related state statutes, courts may vacate or modify an arbitration award only on narrow grounds, such as corruption, fraud, evident partiality, or arbitrator misconduct. Errors of law are rarely sufficient to overturn an award.

Arbitrator selection also matters. Parties may have input into selecting a neutral with subject-matter expertise in the relevant industry. This can provide technical familiarity but also requires careful evaluation of neutrality and experience.

Enforcing or Challenging Arbitration Awards

An arbitration award does not enforce itself. Under the Federal Arbitration Act and applicable state statutes, a prevailing party may petition a court to confirm the award and enter judgment. Once confirmed, the award carries the same force as a court judgment and may be enforced through garnishment, liens, or other statutory remedies.

Grounds for vacating or modifying an award are narrow and strictly construed. Courts generally defer to arbitrators’ factual findings and legal conclusions absent statutory grounds for intervention. We represent clients in petitions to confirm arbitration awards, motions to vacate or modify awards, and post-award enforcement proceedings in both Florida and Washington, D.C.

AAA & Institutional Arbitration

Many commercial agreements designate the American Arbitration Association (AAA) or similar institutions to administer proceedings.

Institutional rules govern filing requirements, arbitrator appointment, fee allocation, discovery limits, and scheduling procedures. These rules often differ materially from civil procedure rules in court.

We represent clients in AAA arbitrations and other institutional proceedings, including drafting arbitration demands, responses, counterclaims, evidentiary submissions, and hearing preparation. Early procedural decisions—such as framing claims, selecting arbitrators, and structuring discovery—can significantly affect outcome and cost.

Judgment Enforcement & Asset Recovery

Obtaining a favorable judgment is only part of the recovery process. Post-judgment remedies may include writs of garnishment, charging orders, judgment liens, post-judgment discovery, and asset tracing under applicable state procedures.

We assist clients in converting judgments into enforceable recovery while navigating statutory enforcement frameworks in Florida and Washington, D.C., ensuring that court victories translate into practical financial results.

Involved in an Arbitration Proceeding?

Commercial arbitration requires disciplined preparation within defined procedural constraints. Whether you are initiating a demand, responding to a claim, or seeking to confirm or challenge an award, early evaluation can protect your position.

Provide a brief overview of your arbitration matter, including the governing rules (if known) and current stage of the proceeding, and we will follow up promptly.