The Miami International Arbitration Society has urged the Supreme Court of Florida in an amicus brief to reverse the appellate panel's decision favoring the respondents, Texas couple who sued Airbnb Inc.
Carlos F. Concepcion of Shook Hardy & Bacon LLP, told Law360 that the issue in the case revolves around whether an arbitration clause must expressly say that the arbitrators have the power to determine arbitrability or whether it is enough to incorporate the AAA rules into the clause.
"Florida has traditionally offered to arbitration users all the hallmarks of an ideal seat of arbitration: (i) a hub of capable lawyers and arbitrators, (ii) geographic accessibility, (iii) a well-developed body of substantive and procedural law in commercial matters, and crucially, (iv) an independent judiciary that respects party autonomy and procedural efficiency. As a result, arbitration users have flocked to Florida as a preferred seat of arbitration for cross-border disputes."
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