[RPPTL LandTen] Arbitration Clauses in Commercial Lease?

[Neil B. Shoter]

I would typically use arbitration clauses for very specific items requiring short or expert knowledge determination, such as CAM reconciliation, assignment consents, and self-help disputes. Leaving the general default process to the eviction process.  Maybe the litigation folks can opine on that as well.

Neil

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Neil B. Shoter
Partner / LEED Accredited Professional
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________________________________
From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has asked me to review and comment on the form of lease used for its Florida buildings.

The Lease has a pretty normal looking default and remedies clause.  It also has an arbitration clause, saying that disputes are to be resolved through AAA arbitration.

What do you guys this about this (I'm not disclosing my personal bias, but those of you that know me probably know my take on this)?

Thanks for your comments.


George A. Pincus, Esq.
Stearns Weaver Miller Weissler
  Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile:    954-766-9719
E-mail: gpincus at stearnsweaver.com<mailto:gpincus at swmwas.com>
www.stearnsweaver.com



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