Arbitration provisions are therefore unenforceable when they wholesale preclude prevailing parties from recovering their attorney's fees in arbitration. An arbitration agreement is a provision in a contract that stipulates that any disputes arising from the contract will be resolved through arbitration.In commercial litigation, arbitration clauses are not severable if the dispute's sole cause of action seeks to rescind the entire contract. Are Arbitration Clauses Enforceable Under Florida Contract Law? Thankfully, Florida courts strongly favor upholding arbitration clauses. The contractual right to arbitration is not absolute and can be impliedly waived if the parties fail to closely follow the contractual procedure. A mandatory arbitration clause in a partnership agreement is generally enforceable, but there are some exceptions. The decision to sign or not to sign an arbitration agreement carries with it potential longterm consequences for Florida employees. Perez Mayoral, P.A. offers skilled representation from a Miami, FL arbitration lawyer to resolve business disputes effectively and privately. The Supreme Court clarified that courts, when asked to enforce an arbitration provision, must first determine whether a valid agreement to arbitrate exists.