can I sue in court for breach of contract if the contract states arbitration as the only way to resolve disputes?

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Answers (2)

Robert Kevin Savage

Robert Kevin Savage

Contributor Level 5
You can try. However most states' law will hold that the arbitration clause is enforceable and thus if the defendant moves to stay pending arbitration or some other motion to get the case out of court and into arbitration they will likely prevail. However, if the other side files an answer or other responsive pleading you may have a stronger case that they have agreed to proceed in court. Be aware that in many instances arbitration can be quicker and less expensive.

I am licensed to practice law in FL only so the above is not legal advice. You will need to speak with an attorney who is licensed in TX to get legal advice.

Good luck!
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Both other answers raise correct points. Your contract's arbitration clause is probably enforceable, and arbitration may in fact be a cheaper and quicker dispute resolution option for you. But it may also be a clause that both you and the other party can waive if you decide to file in civil court and the other party does not object and file a demand for arbitration.

Litigants often prefer court because juries often award large judgments, and the nature of the case makes it seem like the plainitff would benefit from having a jury trial. But juries require fees and jury trials take longer than bench (judge) trials, so there are advanatges and disadvantages.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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