UniFirst Corporation v. Stronger Collision Center, LLC
UniFirst demanded arbitration under a contract selecting New York law and AAA expedited commercial rules; when Stronger Collision refused to participate, UniFirst proceeded ex parte and obtained an award, which the trial court refused to enforce on the ground that UniFirst should first have moved to compel arbitration. The Third DCA reversed, holding that under the contract's New York choice-of-law clause and the incorporated AAA rules, a party need not first obtain an order compelling arbitration before proceeding ex parte against a non-participating respondent who received notice.
Key facts
- UniFirst Corporation demanded arbitration against Stronger Collision Center under a contract containing a New York choice-of-law clause and incorporating AAA expedited commercial rules; Stronger Collision refused to participate in arbitration despite receiving notice.
- UniFirst proceeded ex parte under the AAA rules and obtained an arbitration award; the trial court refused to enforce the award, holding that UniFirst should have first moved to compel arbitration under Florida law.
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Why it matters
Practitioners handling arbitration enforcement gain a clear rule that, at least under New York law and AAA commercial rules, a claimant faced with a stonewalling counterparty may proceed to an ex parte award without… — full analysis with a trial
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