Q: hi if i have a binding arbitration clause in a contract can i still sue the person in small claims
A:
If your contract includes a binding arbitration clause, it generally means that disputes arising from the contract must be resolved through arbitration rather than through court proceedings, including small claims court. By agreeing to arbitration, both parties typically waive their right to sue each other in court over matters covered by the arbitration clause.
However, there are some exceptions. For instance, if the arbitration clause does not cover certain types of disputes or if both parties agree to bypass arbitration for a specific issue, you might still be able to pursue the matter in small claims court. Additionally, some small claims courts may have their own rules regarding arbitration clauses.
To better understand your specific situation and ensure you take the correct steps, I recommend scheduling a consultation with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
