Title XXXIX, Commercial Relations

(1) Except as otherwise provided in subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.(2) Before a controversy arises that…

(1) Except as otherwise provided in s. 682.20, a petition for judicial relief under this chapter must be made to the court and heard in the manner provided by law or rule of court for making and hearing motions.(2) Unless a civil action involving the agreement to arbitrate is pen…

(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.(2) The…

(1) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:(a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate.(b) If the refusing par…

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same ext…

(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by…

(1) Except as otherwise provided in subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:(a) There are separate agreements to a…

(1) If the parties to an agreement to arbitrate agree on a method for appointing arbitrators, this method must be followed, unless the method fails.(2) The court, on motion of a party to an arbitration agreement, shall appoint one or more arbitrators, if:(a) The parties have not …

(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable per…

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of the arbitrators shall conduct the hearing under s. 682.06(3).History.—s. 4, ch. 57-402; s. 12, ch. 67-254; s. 14, ch. 2013-232.Note.—Former s. 57.14.

(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.(2) The immunity afforded under this section supplements any immunity under other law.(3) T…

(1) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The arbitrator’s authority includes the power to hold conferences with the parties to the arbitration proceeding before th…

A party has the right to be represented by an attorney at any arbitration proceeding or hearing under this law.History.—s. 6, ch. 57-402; s. 12, ch. 67-254; s. 17, ch. 2013-232.Note.—Former s. 57.16.

(1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by…

(1) Except as provided in subsection (2), if an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request that the arbitrator incorporate the ruling into an award under s. 682.12. A prevailing party may make a motion to the court …

(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the…

(1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:(a) Upon a ground stated in s. 682.14(1)(a) or (c);(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the…

(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.(2) An …

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to s. 682.10 or s. 682.14 o…

(1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if:(a) The award was procured by corruption, fraud, or other undue means;(b) There was:1. Evident partiality by an arbitrator appointed as a neutral arbitrator;2. Corruption by an…

(1) Upon motion made within 90 days after the movant receives notice of the award pursuant to s. 682.09 or within 90 days after the movant receives notice of a modified or corrected award pursuant to s. 682.10, the court shall modify or correct the award if:(a) There is an eviden…

(1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.(2) A court may…

(1) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.(2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chap…

A petition pursuant to s. 682.015 must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the petition may be made in…

(1) An appeal may be taken from:(a) An order denying a motion to compel arbitration made under s. 682.03.(b) An order granting a motion to stay arbitration pursuant to s. 682.03(2)-(4).(c) An order confirming an award.(d) An order denying confirmation of an award unless the court…

The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures and of contracts performed with the use of such records or signatures conform to the requirements of s. 102 of the Electronic Signatures in Globa…

This chapter does not apply to any dispute involving child custody, visitation, or child support.History.—s. 36, ch. 2013-232.