MILBAR MEDICAL COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
MEDICIS PHARMACEUTICAL CORPORATION, A DELAWARE CORPORATION, APPELLEE
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PER CURIAM.
Appellant challenges an order granting appellee’s motion to compel arbitration. The parties agree federal law is applicable.
Appellant argues that the arbitration provision in the licensing agreement, out of which this dispute arises, did not survive the termination of the agreement.
We disagree. In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union, AFL-CIO, 430 U.S. 243, 255, 97 S.Ct. 1067, 51 L.Ed.2d 300 (1977), the supreme court was faced with a collective-bargaining contract dispute which arose after the termination of the contract. In determining whether the arbitration provision of the contract survived its termination, the court found that “the parties’ failure to exclude from arbi-trability disputes arising after termination ... afford[ed] a basis for concluding that they intended to arbitrate all grievances arising out of the contractual relationship.” In the present case, as in Nolde, the contract did not exclude arbitration for disputes arising after termination. Nor do we agree with appellant that the several months which transpired between the filing of the lawsuit and the motion to compel arbitration amounted to a waiver.
Affirmed.
STONE, KLEIN and TAYLOR, JJ., concur.
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Sami Qubty v. Rasiklal Nagda, 817 So. 2d 952 (Fla. 5th DCA 2002)…L.Ed.2d 177 (1991); Nolde Bros. v. Local 358, Bakery & Confectionery Workers Union, 430 U.S. 243, 97 S.Ct. 1067, 51 L.Ed.2d 300 (1977); Aspero v. Shearson American Exp., Inc., 768 F. 2d 106 (6th Cir.1985); Milbar Medical Co. v. Medicis Pharm. Corp., 741 So. 2d 1198 (Fla. 4th DCA 1999). Cases such as Nolde and Litton indicate that arbitration agreements are to be construed to require arbitration of disputes arising even subsequent to cancellation of the underlying contract unless such grievances are specificall…
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Doctors Assocs., Inc. v. Thomas, 898 So. 2d 159 (Fla. 4th DCA 2005)…eject it. Although it is created by contract, the duty to arbitrate does not necessarily end upon contract termination. In Harmer v. Doctor’s Associates, Inc., 781 F.Supp. 1225 (E.D.Mich.1991), and Milbar Medical Co. v. Medicis Pharmaceutical Corp., 741 So. 2d 1198, 1199 (Fla. 4th DCA 1999), the court held that an arbitration provision in a licensing agreement, out of which the dispute arose, survived the termination of the agreement where the parties did not exclude arbitration arising after termination. See…
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Lude Henderson v. Coral Springs Nissan, Inc., 757 So. 2d 577 (Fla. 4th DCA 2000)…n those cases, the contracts were valid on their face, whereas here, the contract no longer existed at the time the motion to compel arbitration was made. This case is also distinguishable from Milbar Medical Company v. Medicis Pharmaceutical Corp., 741 So. 2d 1198 (Fla. 4th DCA 1999), in which this Court determined that based on federal law, an arbitration clause survived the termination of a licensing agreement. Milbar involved termination of a contract, whereas the instant case involves rescission, which ma…
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- Nolde Bros., Inc. v. Local NO. 358, 430 U.S. 243 (U.S. 1977)