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 […]
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 […]