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 […]
684.0021 – Specific Regime for Preliminary Orders.
684.0021 Specific regime for preliminary orders.— (1) Immediately after the arbitral tribunal makes a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications. The notice […]
684.0022 – Modification, Suspension, or Termination; Interim Measure or Preliminary Order.
684.0022 Modification, suspension, or termination; interim measure or preliminary order.—The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative. History.—s. 23, ch. 2010-60.
684.0023 – Provision of Security.
684.0023 Provision of security.— (1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so. […]
684.0024 – Disclosure.
684.0024 Disclosure.— (1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted. (2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal’s determination […]
684.0025 – Costs and Damages.
684.0025 Costs and damages.—The party requesting an interim measure or applying for a preliminary order is liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that the measure or the order should not have been granted. The arbitral tribunal may award such costs […]
684.0026 – Recognition and Enforcement.
684.0026 Recognition and enforcement.— (1) An interim measure issued by an arbitral tribunal must be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to s. 684.0027. (2) The party who is seeking or has obtained recognition or enforcement […]
684.0027 – Grounds for Refusing Recognition or Enforcement.
684.0027 Grounds for refusing recognition or enforcement.— (1) Recognition or enforcement of an interim measure may be refused only: (a) At the request of the party against whom it is invoked if the court is satisfied that: 1. Such refusal is warranted on the grounds set forth in s. 684.0048(1)(a)1., 2., 3., or 4.; 2. The arbitral tribunal’s decision with […]
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 […]