Title XXXIX, Commercial Relations

(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 foun…

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) Noncomplia…

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.

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.History.—s. 9, ch. 2010-60.

(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 ag…

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.History.—s. 11, ch. 2010-60.

(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, ch. 2010-60.

(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 agreeme…

(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 throug…

(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 a…

(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 …

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 sub…

(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 o…

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 t…

(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 resu…

(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 arbitra…

(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,…

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…

(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 …

(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 circumstance…

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 tribu…

(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 …

(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’…

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 this state, as it has in relation to the proceedings in courts. The court shall exercise such power in accordance with …

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.

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. Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitration in such m…

(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 to the circumstances of the case, including the convenience of the parties.(2) Notwithstanding subsection (1), the ar…

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 dispute to be referred to an arbitration is received by the respondent.History.—s. 33, ch. 2010-60.

(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 language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein,…

(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 points at issue, and the relief or remedy sought, and the respondent shall state its defense to the claim, unless the parties ha…

(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 oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unle…

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 tribunal shall terminate the proceedings.(2) The respondent fails to communicate its statement of defense…

(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 the arbitral tribunal.(b) Require a party to give the expert any relevant information or produce or provide access to any r…

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 state. The court may execute the request within its competence and according to its rules on taking evidence.History.—s. 39, ch. …

(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. Any designation of the law or legal system of a state or country shall be construed, unless otherwise expressed, as directly referring t…

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 majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by th…

(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 to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.(2) An …

(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 signatures of the majority of all members of the arbitral tribunal shall suffice, if the reason for any omitted signature is s…

(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 order for the termination of the arbitral proceedings when:(a) The claimant withdraws its claim, unless the respo…

(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 other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical error…

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.

(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) and (3).(2) An arbitral award may be set aside by the court specified in s. 684.0008 only if:(a) The party making the application furnis…

(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 court, shall be enforced subject to this section and s. 684.0048.(2) The party relying on an award or applying for its enforce…

(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 against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof t…

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 state, constitutes a consent to exercise in personam jurisdiction by the courts of this state in any action arising out …