Fla. Stat. § 684.0001
Short title
This chapter may be cited as the “Florida International Commercial Arbitration Act.”
Florida Statutes Chapter 684 — INTERNATIONAL COMMERCIAL ARBITRATION
Florida · statute · Fla. Stat. ch. 684 · 49 active provisions
Fla. Stat. § 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…
Fla. Stat. § 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 dis…
Fla. Stat. § 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…
Fla. Stat. § 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 writte…
Fla. Stat. § 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 the arbitra…
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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 the agreement is null and void, inoperative, o…
Fla. Stat. § 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.
Fla. Stat. § 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.
Fla. Stat. § 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 ar…
Fla. Stat. § 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 dis…
Fla. Stat. § 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.…
Fla. Stat. § 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 remains concerning any of these grounds,…
Fla. Stat. § 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 arbitrator shall be appointed pu…
Fla. Stat. § 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 of the contract. A decision b…
Fla. Stat. § 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 by which the dispute is finally decided, the arbit…
Fla. Stat. § 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 whom the measure…
Fla. Stat. § 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 may grant a preliminary order…
Fla. Stat. § 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. T…
Fla. Stat. § 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.
Fla. Stat. § 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 inapp…
Fla. Stat. § 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…
Fla. Stat. § 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 and damages at…
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