Florida Statutes Title XXXIX Chapter 684 - International Commercial Arbitration

• 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.
  (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...
• 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...
• 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...
• 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...
• 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...
• 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.
  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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 684.0028 - Court-ordered Interim Measures.
  A court has the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether the arbitration proceedings are held in...
• 684.0029 - Equal Treatment Of Parties.
  The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.History.—s. 30, ch. 2010-60.
• 684.003 - Determination Of Rules Of Procedure.
  Subject to the provisions of this chapter, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings....
• 684.0031 - Place Of Arbitration.
  (1) The parties may agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard...
• 684.0032 - Commencement Of Arbitral Proceedings.
  Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that...
• 684.0033 - Language.
  (1) The parties may agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall specify the...
• 684.0034 - Statements Of Claim And Defense.
  (1) Within the period of time agreed by the parties or specified by the arbitral tribunal, the claimant shall state the facts supporting its claim, the...
• 684.0035 - Hearings And Written Proceedings.
  (1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for...
• 684.0036 - Default Of A Party.
  Unless otherwise agreed by the parties, if, without showing sufficient cause:(1) The claimant fails to provide its statement of claim pursuant to s. 684.0034(1), the arbitral...
• 684.0037 - Expert Appointed By Arbitral Tribunal.
  (1) Unless otherwise agreed by the parties, the arbitral tribunal may:(a) Appoint one or more experts to report to it on specific issues to be determined by...
• 684.0038 - Court Assistance In Taking Evidence.
  The arbitral tribunal, or a party upon the approval of the arbitral tribunal, may request assistance in taking evidence from a competent court of this...
• 684.0039 - Rules Applicable To Substance Of Dispute.
  (1) The arbitral tribunal shall decide the dispute pursuant to the rules of law chosen by the parties to apply to the substance of the dispute....
• 684.004 - Decisionmaking By Panel Of Arbitrators.
  In arbitral proceedings having more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a...
• 684.0041 - Settlement.
  (1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected...
• 684.0042 - Form And Contents Of Award.
  (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings having more than one arbitrator, the...
• 684.0043 - Termination Of Proceedings.
  (1) Arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal pursuant to subsection (2).(2) The arbitral tribunal shall issue an...
• 684.0044 - Correction And Interpretation Of Award; Additional Award.
  (1)(a) Within 30 days after receipt of the award, unless another period of time has been agreed upon by the parties:1. A party, with notice to the...
• 684.0045 - Immunity For Arbitrators.
  An arbitrator serving under this chapter shall have judicial immunity in the same manner and to the same extent as a judge.History.—s. 46, ch. 2010-60.
• 684.0046 - Application To Set Aside As Exclusive Recourse Against Arbitral Award.
  (1) Recourse to a court against an arbitral award may be made only by an application to set aside an arbitral award pursuant to subsections (2)...
• 684.0047 - Recognition And Enforcement.
  (1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent...
• 684.0048 - Grounds For Refusing Recognition Or Enforcement.
  (1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:(a) At the request of the party...
• 684.0049 - Consent To Jurisdiction.
  The initiation of arbitration in this state, or the making of a written contract, agreement, or undertaking to arbitrate which provides for arbitration in this...

Last modified: September 23, 2016