684.0001 – Short Title.
684.0001 Short title.—This chapter may be cited as the “Florida International Commercial Arbitration Act.” History.—s. 2, ch. 2010-60.
684.0002 – Scope of Application.
684.0002 Scope of application.— (1) This chapter applies to international commercial arbitration, subject to any agreement in force between the United States of America and any other country or countries. (2) This chapter, except ss. 684.0009, 684.001, 684.0026, 684.0027, 684.0028, 684.0047, and 684.0048, applies only if the place of arbitration is in this state. (3) An arbitration is international […]
684.0003 – Definitions and Rules of Interpretation.
684.0003 Definitions and rules of interpretation.— (1) As used in this chapter, the term: (a) “Arbitral tribunal” means a sole arbitrator or panel of arbitrators. (b) “Arbitration” means any arbitration, whether or not administered by a permanent arbitral institution. (c) “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or […]
684.0004 – International Origin and General Principles.
684.0004 International origin and general principles.— (1) This chapter shall be interpreted with regard to its international origin and to the need to promote uniformity in its application and the observance of good faith. (2) Questions concerning matters governed by this chapter which are not expressly settled pursuant to it shall be settled in conformity with the general […]
684.0005 – Receipt of Written Communications.
684.0005 Receipt of written communications.— (1) Unless otherwise agreed by the parties, a written communication is deemed to be received if it is delivered to the addressee personally or if it is delivered to the addressee’s place of business, habitual residence, or mailing address. If one of these locations cannot be found after a reasonable inquiry, the […]
684.0006 – Waiver of Right to Object.
684.0006 Waiver of right to object.—A party waives its right to object if the party proceeds with the arbitration and fails to object without undue delay or within a provided time limit to: (1) Noncompliance of any provision of this chapter from which the parties may derogate and have not derogated; or (2) Noncompliance of any requirement under […]
684.0007 – Extent of Court Intervention.
684.0007 Extent of court intervention.—In matters governed by this chapter, a court may not intervene except to the extent authorized by this chapter. History.—s. 8, ch. 2010-60.
684.0008 – Court for Certain Functions of Arbitration Assistance and Supervision.
684.0008 Court for certain functions of arbitration assistance and supervision.—The functions referenced in ss. 684.0012(3) and (4), 684.0014(3), 684.0015, 684.0017(3), and 684.0046(2) shall be performed by the circuit court in the county in which the seat of the arbitration is located. History.—s. 9, ch. 2010-60.
684.0009 – Arbitration Agreement and Substantive Claim Before Court.
684.0009 Arbitration agreement and substantive claim before court.— (1) A court before which an action is brought in a matter that is the subject of an arbitration agreement shall, if a party so requests not later than when submitting its first statement on the substance of the dispute, refer the parties to arbitration unless it finds that […]
684.001 – Arbitration Agreement and Interim Measures by a Court.
684.001 Arbitration agreement and interim measures by a court.—It is not incompatible with an arbitration agreement for a party to request from a court, before or during arbitral proceedings, an interim measure of protection and for a court to grant such a measure. History.—s. 11, ch. 2010-60.
684.0011 – Number of Arbitrators.
684.0011 Number of arbitrators.— (1) The parties may determine the number of arbitrators. (2) If the parties fail to determine the number of arbitrators, the number of arbitrators shall be three. History.—s. 12, ch. 2010-60.
684.0012 – Appointment of Arbitrators.
684.0012 Appointment of arbitrators.— (1) A person is not precluded by reason of his or her nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties may agree on a procedure of appointing the arbitrator or arbitrators, subject to subsections (4) and (5). (3) Failing such agreement: (a) In an arbitration having three arbitrators, each […]
684.0013 – Grounds for Challenge.
684.0013 Grounds for challenge.— (1) When a person is approached in connection with a possible appointment as an arbitrator, the person must disclose any circumstances likely to give rise to justifiable doubts as to the person’s impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall disclose any such circumstances to […]
684.0014 – Challenge Procedure.
684.0014 Challenge procedure.— (1) The parties may agree on a procedure for challenging an arbitrator, subject to subsection (3). (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance described in s. 684.0013(2), send a […]
684.0015 – Failure or Impossibility to Act.
684.0015 Failure or impossibility to act.— (1) If an arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, his or her mandate terminates if he or she withdraws from office or if the parties agree on the termination. Otherwise, if a controversy […]
684.0016 – Appointment of Substitute Arbitrator.
684.0016 Appointment of substitute arbitrator.—If the mandate of an arbitrator terminates pursuant to s. 684.0014 or s. 684.0015 or because of his or her withdrawal from office for any other reason or because of the revocation of the mandate by agreement of the parties or in any other case of termination of the mandate, a substitute […]
684.0017 – Competence of Arbitral Tribunal to Rule on Its Jurisdiction.
684.0017 Competence of arbitral tribunal to rule on its jurisdiction.— (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms […]
684.0018 – Power of Arbitral Tribunal to Order Interim Measures.
684.0018 Power of arbitral tribunal to order interim measures.—Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time before the issuance of the award […]
684.0019 – Conditions for Granting Interim Measures.
684.0019 Conditions for granting interim measures.— (1) The party requesting an interim measure under s. 684.0018 shall satisfy the arbitral tribunal that: (a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against […]
684.002 – Applications for Preliminary Orders and Conditions for Granting Preliminary Orders.
684.002 Applications for preliminary orders and conditions for granting preliminary orders.— (1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order prohibiting a party from frustrating the purpose of the interim measure requested. (2) The arbitral tribunal […]