Ritz Carlton Arbitration Clauses Too Narrow to Include Tort Claims

WASHINGTON, D.C. - The District of Columbia Court of Appeals has ruled that language in condominium sales agreements relied on by developers to compel arbitration of residents' mold claims is too narrow for that purpose and residents are free to litigate personal injury and property damage claims. 2200 M Street LLC, et al. v. Mackell, et al., Nos. 04-CV-550, 04-CV-587, 04-CV-552 and 04-CV-586 (D.C. Ct. App.).

The court held Dec. 31 that the arbitration clause's reference to "plats and plans" and its choice of the building's architect as arbitrator is evidence that the parties agreed only to arbitrate issues such …