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Lewis & Peat Coffee, Inc. v. Condor Group, Inc.

Citations: 588 So. 2d 316; 1991 Fla. App. LEXIS 11076; 1991 WL 225484Docket: No. 90-2387

Court: District Court of Appeal of Florida; November 4, 1991; Florida; State Appellate Court

Narrative Opinion Summary

A clause in the parties' commercial contract stipulates that arbitration is the sole remedy, to be conducted under New York State law, with any award enforceable in New York or other competent jurisdictions. Condor Group, Inc., a Florida corporation, arbitrated successfully against Lewis Peat Coffee, Inc. in New York. Subsequently, Peat Coffee sought to confirm the arbitration award in Dade County, Florida, but the trial court dismissed the action due to a perceived lack of jurisdiction. The appellate court reversed this decision, asserting that the Dade County Circuit Court qualifies as a court of competent jurisdiction to confirm the arbitration award, referencing Murphey v. Dean Witter Co. The court emphasized that the parties' agreement allows any court with jurisdiction over the parties and subject matter to confirm or vacate the award. The case was remanded for further proceedings consistent with this ruling.

Legal Issues Addressed

Arbitration as Sole Remedy in Contract Disputes

Application: The commercial contract between the parties designated arbitration as the exclusive remedy for disputes, to be conducted under New York State law.

Reasoning: A clause in the parties' commercial contract stipulates that arbitration is the sole remedy, to be conducted under New York State law, with any award enforceable in New York or other competent jurisdictions.

Contractual Agreement on Jurisdiction for Arbitration Awards

Application: The parties' agreement permits any court with jurisdiction over the parties and subject matter to confirm or vacate the arbitration award, supporting the appellate court's decision to remand the case.

Reasoning: The court emphasized that the parties' agreement allows any court with jurisdiction over the parties and subject matter to confirm or vacate the award.

Jurisdiction of Courts to Confirm Arbitration Awards

Application: The appellate court determined that the Dade County Circuit Court is a court of competent jurisdiction to confirm the arbitration award, reversing the trial court's dismissal.

Reasoning: The appellate court reversed this decision, asserting that the Dade County Circuit Court qualifies as a court of competent jurisdiction to confirm the arbitration award, referencing Murphey v. Dean Witter Co.