An arbitration agreement is a provision in a contract that stipulates that any disputes arising from the contract will be resolved through arbitration. Arbitration provisions are therefore unenforceable when they wholesale preclude prevailing parties from recovering their attorney's fees in arbitration.Florida courts consider three elements when determining whether to enforce a contractual arbitration provision. While you should consult with an attorney about specific provisions, here are some frequently asked questions about arbitration agreements. I am a little surprised the arbitrator dismissed the case without giving you the option of paying the other half of the arbitration fees. The parties shall agree on a single arbitrator to resolve the dispute.