Florida Senate - 2010                             CS for SB 1114
       
       
       
       By the Committee on Judiciary; and Senators Gelber, Lynn,
       Bullard, and Wilson
       
       
       
       590-03222-10                                          20101114c1
    1                        A bill to be entitled                      
    2         An act relating to international commercial
    3         arbitration; creating s. 684.0001, F.S.; providing a
    4         short title; creating s. 684.0002, F.S.; defining the
    5         scope of application of the Florida International
    6         Commercial Arbitration Act; creating s. 684.0003,
    7         F.S.; defining terms; providing rules of
    8         interpretation for the act; creating s. 684.0004,
    9         F.S.; providing intent that the act be applied and
   10         interpreted with respect to its purpose; creating s.
   11         684.0005, F.S.; specifying when a written
   12         communication is received; creating s. 684.0006, F.S.;
   13         specifying circumstances that constitute a waiver of
   14         the right to object; creating s. 684.0007, F.S.;
   15         limiting the ability of a court to intervene in an
   16         arbitral proceeding; creating s. 684.0008, F.S.;
   17         designating the circuit court in which an arbitration
   18         is or will be held as the court that may take certain
   19         actions authorized by the act; creating s. 684.0009,
   20         F.S.; requiring a court to refer matters governed by
   21         an arbitration agreement to arbitration; creating s.
   22         684.001, F.S.; authorizing a court to grant an interim
   23         measure of protection before or during an arbitral
   24         proceeding; creating s. 684.0011, F.S.; authorizing
   25         the parties to an arbitration to determine the number
   26         of arbitrators; specifying the number of arbitrators
   27         for a proceeding if the number of arbitrators is not
   28         determined by the parties; creating s. 684.0012, F.S.;
   29         specifying procedures for the appointment of an
   30         arbitrator; creating s. 684.0013, F.S.; requiring a
   31         person who is approached to be an arbitrator to make
   32         disclosures relating to conflicts of interest;
   33         authorizing the appointment of an arbitrator to be
   34         challenged based on a perceived conflict of interest
   35         or qualifications; creating s. 684.0014, F.S.;
   36         providing procedures to challenge the appointment of
   37         an arbitrator; creating s. 684.0015, F.S.; providing
   38         for the termination of the mandate of an arbitrator
   39         due to failure or impossibility to act; creating s.
   40         684.0016, F.S.; providing a procedure for the
   41         appointment of a substitute arbitrator; creating s.
   42         684.0017, F.S.; authorizing an arbitral tribunal to
   43         determine its jurisdiction; authorizing a court to
   44         determine the jurisdiction of an arbitral tribunal;
   45         creating s. 684.0018, F.S.; authorizing an arbitral
   46         tribunal to grant an interim measure; creating s.
   47         684.0019, F.S.; specifying conditions under which an
   48         interim measure may be granted; creating s. 684.002,
   49         F.S.; specifying conditions under which an interim
   50         order may be granted to prevent a party from
   51         frustrating the purpose of an interim measure;
   52         creating s. 684.0021, F.S.; requiring a party to be
   53         notified of information relating to an interim measure
   54         or preliminary order; requiring that a party be given
   55         an opportunity to object to a preliminary order;
   56         creating s. 684.0022, F.S.; authorizing an arbitral
   57         tribunal to modify, suspend, or terminate an interim
   58         measure or preliminary order under certain
   59         circumstances; creating s. 684.0023, F.S.; authorizing
   60         an arbitral tribunal to require security as a
   61         condition of granting an interim measure; requiring
   62         security as a condition of granting a preliminary
   63         order; creating s. 684.0024, F.S.; requiring certain
   64         disclosures as a condition of granting or maintaining
   65         an interim measure or preliminary order; creating s.
   66         684.0025, F.S.; providing for liability and an award
   67         of costs and damages; creating s. 684.0026, F.S.;
   68         providing for the recognition and enforcement of an
   69         interim measure by a court; authorizing the court to
   70         require security under certain circumstances; creating
   71         s. 684.0027, F.S.; specifying grounds under which a
   72         court may refuse to enforce an interim measure;
   73         creating s. 684.0028, F.S.; authorizing a court to
   74         grant an interim measure; creating s. 684.0029, F.S.;
   75         requiring parties to an arbitral proceeding to be
   76         treated with equality and given an opportunity to
   77         present their cases; creating s. 684.003, F.S.;
   78         authorizing parties to an arbitration to agree to
   79         arbitration procedures; providing default procedures;
   80         creating s. 684.0031, F.S.; authorizing parties to an
   81         arbitration to agree on the place of arbitration;
   82         providing criteria to determine a default location for
   83         the arbitration; creating s. 684.0032, F.S.;
   84         specifying the date of commencement of an arbitral
   85         proceeding; creating s. 684.0033, F.S.; authorizing
   86         parties to an arbitration to agree on the language to
   87         be used in the proceeding; authorizing the arbitral
   88         tribunal to determine the language in the absence of a
   89         decision by the parties; creating s. 684.0034, F.S.;
   90         providing for the submission of claims and defenses to
   91         an arbitral tribunal; creating s. 684.0035, F.S.;
   92         providing for the determination of the method by which
   93         evidence will be presented before an arbitral
   94         proceeding; creating s. 684.0036, F.S.; specifying
   95         actions that constitute a default by a party to an
   96         arbitral proceeding; creating s. 684.0037, F.S.;
   97         authorizing an arbitral tribunal to appoint an expert
   98         and for the parties to question and present other
   99         experts to the tribunal’s expert, unless otherwise
  100         agreed by the parties; creating s. 684.0038, F.S.;
  101         authorizing a party or an arbitral tribunal to request
  102         the assistance of a court in taking evidence; creating
  103         s. 684.0039, F.S.; providing for the choice of law
  104         applicable in an arbitral proceeding; creating s.
  105         684.004, F.S.; specifying the number of arbitrators
  106         who must make a decision, unless specified otherwise
  107         by the parties; creating s. 684.0041, F.S.;
  108         authorizing the parties to an arbitral proceeding to
  109         enter into a settlement that is recorded as an award
  110         by the arbitral tribunal; creating s. 684.0042, F.S.;
  111         specifying the form and content of an arbitral award;
  112         creating s. 684.0043, F.S.; specifying events that
  113         terminate or require an arbitral tribunal to terminate
  114         an arbitral proceeding; creating s. 684.0044, F.S.;
  115         authorizing an arbitral tribunal to correct and
  116         interpret an arbitral award or make an additional
  117         award under certain conditions; creating s. 684.0045,
  118         F.S.; providing judicial immunity to arbitrators
  119         acting under ch. 684, F.S.; creating s. 684.0046,
  120         F.S.; specifying conditions under which a court may
  121         set aside an arbitral award; creating s. 684.0047,
  122         F.S.; providing for the recognition and enforcement of
  123         arbitral awards by a court; creating s. 684.0048,
  124         F.S.; specifying grounds under which a court may
  125         refuse to recognize or enforce an arbitral award;
  126         repealing parts I, II, and III of ch. 684, F.S., which
  127         create the Florida International Arbitration Act and
  128         provide procedures for the conduct of international
  129         arbitrations and authorize court proceedings in
  130         connection with such arbitrations; providing an
  131         effective date.
  132  
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Section 684.0001, Florida Statutes, is created
  136  to read:
  137         684.0001 Short title.—This chapter may be cited as the
  138  “Florida International Commercial Arbitration Act.”
  139         Section 2. Section 684.0002, Florida Statutes, is created
  140  to read:
  141         684.0002Scope of application.—
  142         (1) This chapter applies to international commercial
  143  arbitration, subject to any agreement in force between the
  144  United States of America and any other country or countries.
  145         (2) This chapter, except ss. 684.0009, 684.001, 684.0026,
  146  684.0027, 684.0028, 684.0047, and 684.0048, applies only if the
  147  place of arbitration is in this state.
  148         (3) An arbitration is international if:
  149         (a) The parties to an arbitration agreement have, at the
  150  time of the conclusion of that agreement, their places of
  151  business in different countries;
  152         (b) One of the following places is situated outside the
  153  country in which the parties have their places of business:
  154         1. The place of arbitration if determined in, or pursuant
  155  to, the arbitration agreement; or
  156         2. Any place where a substantial part of the obligations of
  157  the commercial relationship are to be performed or the place
  158  with which the subject matter of the dispute is most closely
  159  connected; or
  160         (c) The parties have expressly agreed that the subject
  161  matter of the arbitration agreement relates to more than one
  162  country.
  163         (4) For the purposes of subsection (3):
  164         (a) If a party has more than one place of business, the
  165  place of business is that which has the closest relationship to
  166  the arbitration agreement.
  167         (b) If a party does not have a place of business, reference
  168  shall be made to his or her habitual residence.
  169         (5) This chapter does not affect any law that may prohibit
  170  a matter from being resolved by arbitration or that specifies
  171  the manner in which a specific matter may be submitted or
  172  resolved by arbitration.
  173         Section 3. Section 684.0003, Florida Statutes, is created
  174  to read:
  175         684.0003 Definitions and rules of interpretation.—
  176         (1) As used in this chapter, the term:
  177         (a)“Arbitral tribunal” means a sole arbitrator or panel of
  178  arbitrators.
  179         (b)Arbitration” means any arbitration whether or not
  180  administered by a permanent arbitral institution.
  181         (c) Arbitration agreement” means an agreement by the
  182  parties to submit to arbitration all or certain disputes that
  183  have arisen or may arise between them in respect of a defined
  184  legal relationship, whether contractual or not.
  185         (d)Court” means a circuit court of this state.
  186         (2) A provision of this chapter, except s. 684.0038, which
  187  leaves the parties free to determine a certain issue, includes
  188  the right of the parties to authorize a third party, including
  189  an institution, to make that determination.
  190         (3) A provision of this chapter which refers to the fact
  191  that the parties have agreed or that they may agree to a
  192  procedure refers to an agreement of the parties. The agreement
  193  includes any arbitration rules referenced in that agreement.
  194         (4) A provision of this chapter, other than in s.
  195  684.0036(1) or s. 684.0043(2)(a), which refers to a claim also
  196  applies to a counter claim, and a provision that refers to a
  197  defense also applies to a defense to such counter claim.
  198         Section 4. Section 684.0004, Florida Statutes, is created
  199  to read:
  200         684.0004International origin and general principles.—
  201         (1) This chapter shall be interpreted with regard to its
  202  international origin and to the need to promote uniformity in
  203  its application and the observance of good faith.
  204         (2) Questions concerning matters governed by this chapter
  205  which are not expressly settled pursuant to it shall be settled
  206  in conformity with the general principles on which this chapter
  207  is based.
  208         Section 5. Section 684.0005, Florida Statutes, is created
  209  to read:
  210         684.0005Receipt of written communications.—
  211         (1) Unless otherwise agreed by the parties, a written
  212  communication is deemed to be received if it is delivered to the
  213  addressee personally or if it is delivered to the addressee’s
  214  place of business, habitual residence, or mailing address. If
  215  one of these locations cannot be found after a reasonable
  216  inquiry, the written communication is deemed to be received if
  217  it is sent to the addressee’s last known place of business,
  218  habitual residence, or mailing address by registered letter or
  219  any other means that provides a record of the attempt to deliver
  220  it. The communication is deemed to be received on the day it is
  221  delivered.
  222         (2) This section does not apply to communications in court
  223  proceedings.
  224         Section 6. Section 684.0006, Florida Statutes, is created
  225  to read:
  226         684.0006 Waiver of right to object.—A party waives its
  227  right to object if it proceeds with the arbitration and fails to
  228  object without undue delay or within a provided time limit to:
  229         (1) Noncompliance of any provision of this chapter from
  230  which the parties may derogate and have not derogated; or
  231         (2) Noncompliance of any requirement under the arbitration
  232  agreement.
  233         Section 7. Section 684.0007, Florida Statutes, is created
  234  to read:
  235         684.0007 Extent of court intervention.—In matters governed
  236  by this chapter, a court may not intervene except to the extent
  237  authorized by this chapter.
  238         Section 8. Section 684.0008, Florida Statutes, is created
  239  to read:
  240         684.0008 Court for certain functions of arbitration
  241  assistance and supervision.—The functions referenced in ss.
  242  684.0012(3) and (4), 684.0014(3), 684.0015, 684.0017(3), and
  243  684.0046(2) shall be performed by the circuit court in the
  244  county in which the seat of the arbitration is located.
  245         Section 9. Section 684.0009, Florida Statutes, is created
  246  to read:
  247         684.0009 Arbitration agreement and substantive claim before
  248  court.—
  249         (1) A court before which an action is brought in a matter
  250  that is the subject of an arbitration agreement shall, if a
  251  party so requests not later than when submitting its first
  252  statement on the substance of the dispute, refer the parties to
  253  arbitration unless it finds that the agreement is null and void,
  254  inoperative, or incapable of being performed.
  255         (2) If an action described in subsection (1) has been
  256  brought, arbitral proceedings may nevertheless be commenced or
  257  continued, and an award may be made, while the issue is pending
  258  before the court.
  259         Section 10. Section 684.001, Florida Statues, is created to
  260  read:
  261         684.001Arbitration agreement and interim measures by a
  262  court.—It is not incompatible with an arbitration agreement for
  263  a party to request from a court, before or during arbitral
  264  proceedings, an interim measure of protection and for a court to
  265  grant such a measure.
  266         Section 11. Section 684.0011, Florida Statutes, is created
  267  to read:
  268         684.0011Number of arbitrators.—
  269         (1) The parties may determine the number of arbitrators.
  270         (2) If the parties fail to determine the number of
  271  arbitrators, the number of arbitrators shall be three.
  272         Section 12. Section 684.0012, Florida Statutes, is created
  273  to read:
  274         684.0012 Appointment of arbitrators.—
  275         (1) A person is not precluded by reason of his or her
  276  nationality from acting as an arbitrator, unless otherwise
  277  agreed by the parties.
  278         (2) The parties may agree on a procedure of appointing the
  279  arbitrator or arbitrators, subject to subsections (4) and (5).
  280         (3) Failing such agreement:
  281         (a) In an arbitration having three arbitrators, each party
  282  shall appoint one arbitrator, and the two arbitrators thus
  283  appointed shall appoint the third arbitrator. If a party fails
  284  to appoint the arbitrator within 30 days after receipt of a
  285  request to do so from the other party, or if the two arbitrators
  286  fail to agree on the third arbitrator within 30 days after their
  287  appointment, the appointment shall be made, upon request of a
  288  party, by the court specified in s. 684.0008.
  289         (b) In an arbitration having a single arbitrator, if the
  290  parties are unable to agree on the arbitrator, the arbitrator
  291  shall be appointed, upon request of a party, by the court
  292  specified in s. 684.0008.
  293         (4) If, under an appointment procedure agreed upon by the
  294  parties:
  295         (a) A party fails to act as required under such procedure;
  296         (b) The parties, or two arbitrators, are unable to reach an
  297  agreement under such procedure; or
  298         (c) A third party, including an institution, fails to
  299  perform any function entrusted to it under such procedure,
  300  
  301  any party may request the court specified in s. 684.0008 to take
  302  the necessary measure, unless the agreement on the appointment
  303  procedure provides other means for securing the appointment.
  304         (5) A decision on a matter entrusted by subsection (3) or
  305  subsection (4) to the court specified in s. 684.0008 is not
  306  appealable. The court, in appointing an arbitrator, shall have
  307  due regard to any qualifications required by the arbitrator by
  308  the agreement of the parties and to such considerations that are
  309  likely to secure the appointment of an independent and impartial
  310  arbitrator. In the case of the appointment of a sole or third
  311  arbitrator, the court shall take into account the advisability
  312  of appointing an arbitrator of a nationality other than those of
  313  the parties.
  314         Section 13. Section 684.0013, Florida Statutes, is created
  315  to read:
  316         684.0013Grounds for challenge.—
  317         (1) When a person is approached in connection with a
  318  possible appointment as an arbitrator, the person must disclose
  319  any circumstances likely to give rise to justifiable doubts as
  320  to the person’s impartiality or independence. An arbitrator,
  321  from the time of appointment and throughout the arbitral
  322  proceedings, shall disclose any such circumstances to the
  323  parties without delay, unless they have already been informed of
  324  them by him or her.
  325         (2) An arbitrator may be challenged only if circumstances
  326  exist that give rise to justifiable doubts as to the
  327  arbitrator’s impartiality or independence, or if the arbitrator
  328  does not possess qualifications agreed to by the parties. A
  329  party may challenge an arbitrator appointed by it, or in whose
  330  appointment the party participated, only for reasons of which
  331  the party became aware after the appointment was made.
  332         Section 14. Section 684.0014, Florida Statutes, is created
  333  to read:
  334         684.0014 Challenge procedure.—
  335         (1) The parties may agree on a procedure for challenging an
  336  arbitrator, subject to subsection (3).
  337         (2) Failing such agreement, a party who intends to
  338  challenge an arbitrator shall, within 15 days after becoming
  339  aware of the constitution of the arbitral tribunal or after
  340  becoming aware of any circumstance described in s. 684.0013(2),
  341  send a written statement of the reasons for the challenge to the
  342  arbitral tribunal. Unless the challenged arbitrator withdraws
  343  from his or her office or the other party agrees to the
  344  challenge, the arbitral tribunal shall decide on the challenge.
  345         (3) If a challenge under any procedure agreed upon by the
  346  parties or pursuant to subsection (2) is not successful, the
  347  challenging party may request, within 30 days after having
  348  received notice of the decision rejecting the challenge, the
  349  court specified in s. 684.0008 to decide on the challenge. The
  350  decision of the court is not appealable. While such a request is
  351  pending, the arbitral tribunal, including the challenged
  352  arbitrator, may continue the arbitral proceedings and make an
  353  award.
  354         Section 15. Section 684.0015, Florida Statutes, is created
  355  to read:
  356         684.0015Failure or impossibility to act.—
  357         (1) If an arbitrator becomes de jure or de facto unable to
  358  perform his or her functions or for other reasons fails to act
  359  without undue delay, his or her mandate terminates if he or she
  360  withdraws from office or if the parties agree on the
  361  termination. Otherwise, if a controversy remains concerning any
  362  of these grounds, any party may request the court specified in
  363  s. 684.0008 to decide on the termination of the mandate. The
  364  decision of the court is not appealable.
  365         (2) If, under this section or s. 684.0014(2), an arbitrator
  366  withdraws from his or her office or a party agrees to the
  367  termination of the mandate of an arbitrator, such actions do not
  368  imply the acceptance of the validity of any ground described in
  369  this section or in s. 684.0013(2).
  370         Section 16. Section 684.0016, Florida Statutes, is created
  371  to read:
  372         684.0016Appointment of substitute arbitrator.—If the
  373  mandate of an arbitrator terminates pursuant to s. 684.0014 or
  374  s. 684.0015 or because of his or her withdrawal from office for
  375  any other reason or because of the revocation of the mandate by
  376  agreement of the parties or in any other case of termination of
  377  the mandate, a substitute arbitrator shall be appointed pursuant
  378  to the rules that applied to the appointment of the arbitrator
  379  being replaced.
  380         Section 17. Section 684.0017, Florida Statutes, is created
  381  to read:
  382         684.0017Competence of arbitral tribunal to rule on its
  383  jurisdiction.—
  384         (1) The arbitral tribunal may rule on its own jurisdiction,
  385  including any objections with respect to the existence or
  386  validity of the arbitration agreement. For that purpose, an
  387  arbitration clause that forms part of a contract shall be
  388  treated as an agreement independent of the other terms of the
  389  contract. A decision by the arbitral tribunal that the contract
  390  is not valid does not entail ipso jure the invalidity of the
  391  arbitration clause.
  392         (2) A plea that the arbitral tribunal does not have
  393  jurisdiction must be raised not later than the submission of the
  394  statement of defense. A party is not precluded from raising such
  395  a plea by the fact that the party appointed, or participated in
  396  the appointment of, an arbitrator. A plea that the arbitral
  397  tribunal is exceeding the scope of its authority must be raised
  398  as soon as the matter alleged to be beyond the scope of its
  399  authority is raised during the arbitral proceedings. The
  400  arbitral tribunal may, in either case, admit a later plea it if
  401  considers the delay justified.
  402         (3) The arbitral tribunal may rule on a plea referenced in
  403  subsection (2) as a preliminary question or in an award on the
  404  merits. If the arbitral tribunal rules as a preliminary question
  405  that it has jurisdiction, any party may request, within 30 days
  406  after receiving notice of that ruling, that the court specified
  407  in s. 684.0008 decide the matter. The decision of the court is
  408  not appealable. While such a request is pending, the arbitral
  409  tribunal may continue the arbitral proceedings and make an
  410  award.
  411         Section 18. Section 684.0018, Florida Statutes, is created
  412  to read:
  413         684.0018 Power of arbitral tribunal to order interim
  414  measures.—Unless otherwise agreed by the parties, the arbitral
  415  tribunal may, at the request of a party, grant interim measures.
  416  An interim measure is any temporary measure, whether in the form
  417  of an award or in another form, by which, at any time before the
  418  issuance of the award by which the dispute is finally decided,
  419  the arbitral tribunal orders a party to:
  420         (1)Maintain or restore the status quo pending
  421  determination of the dispute;
  422         (2)Take action to prevent, or refrain from taking action
  423  that is likely to cause, current or imminent harm or prejudice
  424  to the arbitral process;
  425         (3) Provide a means of preserving assets out of which a
  426  subsequent award may be satisfied; or
  427         (4)Preserve evidence that may be relevant and material to
  428  the resolution of the dispute.
  429         Section 19. Section 684.0019, Florida Statutes, is created
  430  to read:
  431         684.0019Conditions for granting interim measures.—
  432         (1) The party requesting an interim measure under s.
  433  684.0018 must satisfy the arbitral tribunal that:
  434         (a) Harm not adequately reparable by an award of damages is
  435  likely to result if the measure is not ordered, and such harm
  436  substantially outweighs the harm that is likely to result to the
  437  party against whom the measure is directed if the measure is
  438  granted; and
  439         (b) A reasonable possibility exists that the requesting
  440  party will succeed on the merits of the claim. The determination
  441  on this possibility does not affect the discretion of the
  442  arbitral tribunal in making any subsequent determination.
  443         (2) With regard to a request for an interim measure under
  444  s. 684.0018, the requirements in subsection (1) apply only to
  445  the extent the arbitral tribunal considers appropriate.
  446         Section 20. Section 684.002, Florida Statutes, is created
  447  to read:
  448         684.002Applications for preliminary orders and conditions
  449  for granting preliminary orders.—
  450         (1) Unless otherwise agreed by the parties, a party may,
  451  without notice to any other party, make a request for an interim
  452  measure together with an application for a preliminary order
  453  prohibiting a party from frustrating the purpose of the interim
  454  measure requested.
  455         (2) The arbitral tribunal may grant a preliminary order if
  456  it considers that prior disclosure of the request for the
  457  interim measure to the party against whom it is directed risks
  458  frustrating the purpose of the measure.
  459         (3) The conditions described in s. 684.0019 apply to any
  460  preliminary order if the harm assessed under s. 684.0019(1)(a)
  461  is the harm likely to result from the order being granted or not
  462  granted.
  463         Section 21. Section 684.0021, Florida Statutes, is created
  464  to read:
  465         684.0021 Specific regime for preliminary orders.—
  466         (1) Immediately after the arbitral tribunal makes a
  467  determination in respect of an application for a preliminary
  468  order, the arbitral tribunal shall give notice to all parties of
  469  the request for the interim measure, the application for the
  470  preliminary order, the preliminary order, if any, and all other
  471  communications. The notice shall include a description of the
  472  content of any oral communication between any party and the
  473  arbitral tribunal in relation to any such request or
  474  application.
  475         (2) At the same time, the arbitral tribunal shall give an
  476  opportunity to any party against whom a preliminary order is
  477  directed to present its case at the earliest practicable time.
  478         (3) The arbitral tribunal must decide promptly on any
  479  objection to the preliminary order.
  480         (4) A preliminary order expires 20 days after the date on
  481  which it was issued by the arbitral tribunal. However, the
  482  arbitral tribunal may issue an interim measure adopting or
  483  modifying the preliminary order after the party against whom the
  484  preliminary order is directed is given notice and an opportunity
  485  to present its case.
  486         (5) A preliminary order is binding on the parties but is
  487  not enforceable by a court. Such a preliminary order does not
  488  constitute an award.
  489         Section 22. Section 684.0022, Florida Statutes, is created
  490  to read:
  491         684.0022 Modification, suspension, or termination; interim
  492  measure or preliminary order.—The arbitral tribunal may modify,
  493  suspend, or terminate an interim measure or a preliminary order
  494  it has granted upon application of any party or, in exceptional
  495  circumstances and upon prior notice to the parties, on the
  496  arbitral tribunal’s own initiative.
  497         Section 23. Section 684.0023, Florida Statutes, is created
  498  to read:
  499         684.0023 Provision of security.—
  500         (1) The arbitral tribunal may require the party requesting
  501  an interim measure to provide appropriate security in connection
  502  with the measure.
  503         (2) The arbitral tribunal shall require the party applying
  504  for a preliminary order to provide security in connection with
  505  the order unless the arbitral tribunal considers it
  506  inappropriate or unnecessary to do so.
  507         Section 24. Section 684.0024, Florida Statutes, is created
  508  to read:
  509         684.0024Disclosure.—
  510         (1) The arbitral tribunal may require any party promptly to
  511  disclose any material change in the circumstances on the basis
  512  of which the interim measure was requested or granted.
  513         (2) The party applying for a preliminary order shall
  514  disclose to the arbitral tribunal all circumstances that are
  515  likely to be relevant to the arbitral tribunal’s determination
  516  whether to grant or maintain the order, and such obligation
  517  continues until the party against whom the order has been
  518  requested has had an opportunity to present its case.
  519  Thereafter, subsection (1) applies.
  520         Section 25. Section 684.0025, Florida Statutes, is created
  521  to read:
  522         684.0025Costs and damages.—The party requesting an interim
  523  measure or applying for a preliminary order is liable for any
  524  costs and damages caused by the measure or the order to any
  525  party if the arbitral tribunal later determines that the measure
  526  or the order should not have been granted. The arbitral tribunal
  527  may award such costs and damages at any point during the
  528  proceedings.
  529         Section 26. Section 684.0026, Florida Statutes, is created
  530  to read:
  531         684.0026 Recognition and enforcement.—
  532         (1) An interim measure issued by an arbitral tribunal shall
  533  be recognized as binding and, unless otherwise provided by the
  534  arbitral tribunal, enforced upon application to the competent
  535  court, irrespective of the country in which it was issued,
  536  subject to s. 684.0019(1).
  537         (2) The party who is seeking or has obtained recognition or
  538  enforcement of an interim measure shall promptly inform the
  539  court of the termination, suspension, or modification of the
  540  interim measure.
  541         (3) The court where recognition or enforcement is sought
  542  may, if it considers it proper, order the requesting party to
  543  provide appropriate security if the arbitral tribunal has not
  544  already made a determination with respect to security or if such
  545  a decision is necessary to protect the rights of third parties.
  546         Section 27. Section 684.0027, Florida Statutes, is created
  547  to read:
  548         684.0027Grounds for refusing recognition or enforcement.—
  549         (1) Recognition or enforcement of an interim measure may be
  550  refused only:
  551         (a)At the request of the party against whom it is invoked
  552  if the court is satisfied that:
  553         1. Such refusal is warranted on the grounds set forth in s.
  554  684.0048(1)(a)1., 2., 3., or 4.;
  555         2. The arbitral tribunal’s decision with respect to the
  556  provision of security in connection with the interim measure
  557  issued by the arbitral tribunal has not been complied with; or
  558         3. The interim measure was terminated or suspended by the
  559  arbitral tribunal or, if so empowered, by the court of the state
  560  or country in which the arbitration takes place or under the law
  561  of which that interim measure was granted; or
  562         (b) If the court finds that:
  563         1. The interim measure is incompatible with the powers
  564  conferred upon the court, unless the court decides to
  565  reformulate the interim measure to the extent necessary to adapt
  566  it to its own powers and procedures for the purpose of enforcing
  567  that interim measure and without modifying its substance; or
  568         2. Any of the grounds set forth in s. 684.0048(1)(b)1. or
  569  2. apply to the recognition and enforcement of the interim
  570  measure.
  571         (2) A determination made by the court on any ground in
  572  subsection (1) is effective only for the purposes of the
  573  application to recognize and enforce the interim measure. The
  574  court may not in making that determination undertake a review of
  575  the substance of the interim measure.
  576         Section 28. Section 684.0028, Florida Statutes, is created
  577  to read:
  578         684.0028 Court-ordered interim measures.—A court has the
  579  same power of issuing an interim measure in relation to
  580  arbitration proceedings, irrespective of whether the arbitration
  581  proceedings are held in this state, as it has in relation to the
  582  proceedings in courts. The court shall exercise such power in
  583  accordance with its own procedures and in consideration of the
  584  specific features of international arbitration.
  585         Section 29. Section 684.0029, Florida Statutes, is created
  586  to read:
  587         684.0029Equal treatment of parties.—The parties shall be
  588  treated with equality and each party shall be given a full
  589  opportunity of presenting its case.
  590         Section 30. Section 684.003, Florida Statutes, is created
  591  to read:
  592         684.003Determination of rules of procedure.—Subject to the
  593  provisions of this chapter, the parties may agree on the
  594  procedure to be followed by the arbitral tribunal in conducting
  595  the proceedings. Failing such agreement, the arbitral tribunal
  596  may, subject to the provisions of this chapter, conduct the
  597  arbitration in such manner as it considers appropriate. The
  598  power conferred upon the arbitral tribunal includes the power to
  599  determine the admissibility, relevance, materiality, and weight
  600  of evidence.
  601         Section 31. Section 684.0031, Florida Statutes, is created
  602  to read:
  603         684.0031Place of arbitration.—
  604         (1) The parties may agree on the place of arbitration.
  605  Failing such agreement, the place of arbitration shall be
  606  determined by the arbitral tribunal having regard to the
  607  circumstances of the case, including the convenience of the
  608  parties.
  609         (2) Notwithstanding subsection (1), the arbitral tribunal
  610  may, unless otherwise agreed by the parties, meet at any place
  611  it considers appropriate for consultation among its members, for
  612  hearing witnesses, experts, or the parties, or for inspection of
  613  goods, other property, or documents.
  614         Section 32. Section 684.0032, Florida Statutes, is created
  615  to read:
  616         684.0032 Commencement of arbitral proceedings.—Unless
  617  otherwise agreed by the parties, the arbitral proceedings in
  618  respect of a particular dispute commence on the date on which a
  619  request for that dispute to be referred to an arbitration is
  620  received by the respondent.
  621         Section 33. Section 684.0033, Florida Statutes, is created
  622  to read:
  623         684.0033Language.—
  624         (1) The parties may agree on the language or languages to
  625  be used in the arbitral proceedings. Failing such agreement, the
  626  arbitral tribunal shall specify the language or languages to be
  627  used in the proceedings. This agreement or determination, unless
  628  otherwise specified therein, applies to any written statement by
  629  a party, any hearing, and any award, decision, or other
  630  communication by the arbitral tribunal.
  631         (2) The arbitral tribunal may order that any documentary
  632  evidence be accompanied by a translation into the language or
  633  languages agreed upon by the parties or specified by the
  634  arbitral tribunal.
  635         Section 34. Section 684.0034, Florida Statutes, is created
  636  to read:
  637         684.0034Statements of claim and defense.—
  638         (1) Within the period of time agreed by the parties or
  639  specified by the arbitral tribunal, the claimant shall state the
  640  facts supporting its claim, the points at issue, and the relief
  641  or remedy sought, and the respondent shall state its defense to
  642  the claim, unless the parties have otherwise agreed as to the
  643  required elements of such statements. The parties may submit
  644  with their statements all documents they consider to be relevant
  645  or may add a reference to the documents or other evidence they
  646  will submit.
  647         (2) Unless otherwise agreed by the parties, either party
  648  may amend or supplement its claim or defense during the course
  649  of the arbitral proceedings, unless the arbitral tribunal
  650  considers it inappropriate to allow such amendment having regard
  651  to the delay in making it.
  652         Section 35. Section 684.0035, Florida Statutes, is created
  653  to read:
  654         684.0035 Hearings and written proceedings.—
  655         (1) Subject to any contrary agreement by the parties, the
  656  arbitral tribunal shall decide whether to hold oral hearings for
  657  the presentation of evidence or for oral argument, or whether
  658  the proceedings shall be conducted on the basis of documents and
  659  other materials. However, unless the parties have agreed that no
  660  hearings will be held, the arbitral tribunal shall hold such
  661  hearings at an appropriate stage of the proceedings, if so
  662  requested by a party.
  663         (2) The parties shall be given sufficient advance notice of
  664  any hearing and of any meeting of the arbitral tribunal for the
  665  purposes of inspection of goods, other property, or documents.
  666         (3) All statements, documents, or other information
  667  supplied to the arbitral tribunal by one party shall be provided
  668  to the other party. Also, any expert report or evidentiary
  669  document on which the arbitral tribunal may rely in making its
  670  decision shall be provided to the parties.
  671         Section 36. Section 684.0036, Florida Statutes, is created
  672  to read:
  673         684.0036Default of a party.—Unless otherwise agreed by the
  674  parties, if, without showing sufficient cause:
  675         (1) The claimant fails to provide its statement of claim
  676  pursuant to s. 684.0034(1), the arbitral tribunal shall
  677  terminate the proceedings.
  678         (2) The respondent fails to communicate its statement of
  679  defense pursuant to s. 684.0034(1), the arbitral tribunal shall
  680  continue the proceedings without treating such failure in itself
  681  as an admission of the claimant’s allegations.
  682         (3) A party fails to appear at a hearing or to produce
  683  documentary evidence, the arbitral tribunal may continue the
  684  proceedings and make the award on the evidence before it.
  685         Section 37. Section 684.0037, Florida Statutes, is created
  686  to read:
  687         684.0037 Expert appointed by arbitral tribunal.
  688         (1) Unless otherwise agreed by the parties, the arbitral
  689  tribunal may:
  690         (a) Appoint one or more experts to report to it on specific
  691  issues to be determined by the arbitral tribunal.
  692         (b) Require a party to give the expert any relevant
  693  information or produce or provide access to any relevant
  694  documents, goods, or other property for inspection by the
  695  expert.
  696         (2) Unless otherwise agreed by the parties, if a party so
  697  requests or if the arbitral tribunal considers it necessary, the
  698  expert shall, after delivery of a written or oral report,
  699  participate in a hearing in which the parties have the
  700  opportunity to question the expert and to present expert
  701  witnesses in order to testify on the points at issue.
  702         Section 38. Section 684.0038, Florida Statutes, is created
  703  to read:
  704         684.0038Court assistance in taking evidence.—The arbitral
  705  tribunal, or a party upon the approval of the arbitral tribunal,
  706  may request assistance in taking evidence from a competent court
  707  of this state. The court may execute the request within its
  708  competence and according to its rules on taking evidence.
  709         Section 39. Section 684.0039, Florida Statutes, is created
  710  to read:
  711         684.0039 Rules applicable to substance of dispute.—
  712         (1) The arbitral tribunal shall decide the dispute pursuant
  713  to the rules of law chosen by the parties to apply to the
  714  substance of the dispute. Any designation of the law or legal
  715  system of a state or country shall be construed, unless
  716  otherwise expressed, as directly referring to the substantive
  717  law of that state or country and not to its conflict-of-laws
  718  rule.
  719         (2) Failing any designation by the parties, the arbitral
  720  tribunal shall apply the law determined by the conflict-of-laws
  721  rules that it considers applicable.
  722         (3) The arbitral tribunal shall decide ex aequo et bono or
  723  as amiable compositeur, only if the parties have expressly
  724  authorized it to do so.
  725         (4) In all cases, the arbitral tribunal shall decide in
  726  accordance with the terms of the contract and shall take into
  727  account the usages of the trade which apply to the transaction.
  728         Section 40. Section 684.004, Florida Statutes, is created
  729  to read:
  730         684.004Decisionmaking by panel of arbitrators.—In arbitral
  731  proceedings having more than one arbitrator, any decision of the
  732  arbitral tribunal shall be made, unless otherwise agreed by the
  733  parties, by a majority of all its members. However, questions of
  734  procedure may be decided by a presiding arbitrator, if so
  735  authorized by the parties or all members of the arbitral
  736  tribunal.
  737         Section 41. Section 684.0041, Florida Statutes, is created
  738  to read:
  739         684.0041Settlement.—
  740         (1) If, during arbitral proceedings, the parties settle the
  741  dispute, the arbitral tribunal shall terminate the proceedings
  742  and, if requested by the parties and not objected to by the
  743  arbitral tribunal, record the settlement in the form of an
  744  arbitral award on agreed terms.
  745         (2) An award on agreed terms shall be made pursuant to s.
  746  684.0042 and shall state that it is an award. Such an award has
  747  the same status and effect as any other award on the merits of
  748  the case.
  749         Section 42. Section 684.0042, Florida Statutes, is created
  750  to read:
  751         684.0042 Form and contents of award.—
  752         (1) The award shall be made in writing and shall be signed
  753  by the arbitrator or arbitrators. In arbitral proceedings having
  754  more than one arbitrator, the signatures of the majority of all
  755  members of the arbitral tribunal shall suffice, if the reason
  756  for any omitted signature is stated.
  757         (2) The award shall state the reasons upon which it is
  758  based, unless the parties have agreed that no reasons are to be
  759  given or the award is an award on agreed terms under s.
  760  684.0041.
  761         (3) The award shall state its date and the place of
  762  arbitration as determined pursuant to s. 684.0031(1). The award
  763  shall be deemed to have been made at that place.
  764         (4) After the award is made, a copy signed by the
  765  arbitrators pursuant to subsection (1) shall be delivered to
  766  each party.
  767         Section 43. Section 684.0043, Florida Statutes, is created
  768  to read:
  769         684.0043 Termination of proceedings.—
  770         (1) Arbitral proceedings are terminated by the final award
  771  or by an order of the arbitral tribunal pursuant to subsection
  772  (2).
  773         (2) The arbitral tribunal shall issue an order for the
  774  termination of the arbitral proceedings when:
  775         (a) The claimant withdraws its claim, unless the respondent
  776  objects to the withdrawal of the claim and the arbitral tribunal
  777  recognizes that the respondent has a legitimate interest in
  778  obtaining a final settlement of the dispute;
  779         (b) The parties agree on the termination of the
  780  proceedings; or
  781         (c) The arbitral tribunal finds that the continuation of
  782  the proceedings has for any other reason become unnecessary or
  783  impossible.
  784         (3) The mandate of the arbitral tribunal terminates with
  785  the termination of the arbitral proceedings, subject to ss.
  786  684.0044 and 684.0046(4).
  787         Section 44. Section 684.0044, Florida Statutes, is created
  788  to read:
  789         684.0044 Correction and interpretation of award; additional
  790  award.—
  791         (1) Within 30 days after receipt of the award, unless
  792  another period of time has been agreed upon by the parties:
  793         (a) A party, with notice to the other party, may request
  794  the arbitral tribunal to correct in the award any errors in
  795  computation, any clerical or typographical errors, or any errors
  796  of similar nature.
  797         (b) If so agreed by the parties, a party, with notice to
  798  the other party, may request the arbitral tribunal to give an
  799  interpretation of a specific point or part of the award.
  800  
  801  If the arbitral tribunal considers the request to be justified,
  802  it shall make the correction or give the interpretation within
  803  30 days after the request. The interpretation becomes part of
  804  the award.
  805         (2) The arbitral tribunal may correct any error described
  806  in paragraph (1)(a) on its own initiative within 30 days after
  807  the date of the award.
  808         (3) Unless otherwise agreed by the parties, a party, with
  809  notice to the other party, may request, within 30 days after the
  810  receipt of the award, the arbitral tribunal to make an
  811  additional award as to claims presented in the arbitral
  812  proceedings but omitted from the award. If the arbitral tribunal
  813  considers the request to be justified, it shall make the
  814  additional award within 60 days after the request.
  815         (4) The arbitral tribunal may extend, if necessary, the
  816  period of time within which it shall make a correction,
  817  interpretation, or additional award pursuant to subsection (1)
  818  or subsection (3).
  819         (5) Section 684.0042, specifying the form and contents of
  820  an award, applies to a correction or interpretation of the award
  821  or to an additional award.
  822         Section 45. Section 684.0045, Florida Statutes, is created
  823  to read:
  824         684.0045Immunity for arbitrators.—An arbitrator serving
  825  under this chapter shall have judicial immunity in the same
  826  manner and to the same extent as a judge.
  827         Section 46. Section 684.0046, Florida Statutes, is created
  828  to read:
  829         684.0046 Application to set aside as exclusive recourse
  830  against arbitral award.—
  831         (1) Recourse to a court against an arbitral award may be
  832  made only by an application to set aside an arbitral award
  833  pursuant to subsections (2) and (3).
  834         (2) An arbitral award may be set aside by the court
  835  specified in s. 684.0008 only if:
  836         (a) The party making the application furnishes proof that:
  837         1. A party to the arbitration agreement defined in s.
  838  684.0003(1)(c) was under some incapacity; the arbitration
  839  agreement is not valid under the law to which the parties have
  840  subjected it; or failing any indication thereon, under the law
  841  of this state;
  842         2. The party making the application was not given proper
  843  notice of the appointment of an arbitrator or of the arbitral
  844  proceedings or was otherwise unable to present its case;
  845         3. The award deals with a dispute not contemplated by or
  846  not falling within the terms of the submissions to arbitration,
  847  or contains decisions on matters beyond the scope of the
  848  submission to arbitration. However, if the decisions on matters
  849  submitted to arbitration can be separated from those not so
  850  submitted, only that part of the award which contains decisions
  851  on matters not submitted to arbitration may be set aside; or
  852         4. The composition of the arbitral tribunal or the arbitral
  853  procedure was not in accordance with the agreement of the
  854  parties, unless such agreement was in conflict with a provision
  855  of this chapter from which the parties may not derogate, or,
  856  failing such agreement, was not in accordance with this chapter;
  857  or
  858         (b) The court finds that:
  859         1. The subject matter of the dispute is not capable of
  860  settlement by arbitration under the law of this state; or
  861         2. The award is in conflict with the public policy of this
  862  state.
  863         (3) An application to set aside an arbitral award may not
  864  be made after 3 months have elapsed after the date on which the
  865  party making that application receives the award or, if a
  866  request had been made under s. 684.0044, after 3 months have
  867  elapsed after the date on which that request had been disposed
  868  of by the arbitral tribunal.
  869         (4) The court, when asked to set aside an award, may, if
  870  appropriate and so requested by a party, suspend the proceedings
  871  to set aside the award for a period of time determined by it in
  872  order to give the arbitral tribunal an opportunity to resume the
  873  arbitral proceedings or to take such other action as in the
  874  arbitral tribunal’s opinion will eliminate the grounds to set
  875  aside the award.
  876         Section 47. Section 684.0047, Florida Statutes, is created
  877  to read:
  878         684.0047Recognition and enforcement.—
  879         (1) An arbitral award, irrespective of the country in which
  880  it was made, shall be recognized as binding and, upon
  881  application in writing to the competent court, shall be enforced
  882  subject to this section and s. 684.0048.
  883         (2) The party relying on an award or applying for its
  884  enforcement shall supply the original or copy of the award. If
  885  the award is not made in the English language, the court may
  886  request the party to supply a translation of the award.
  887         Section 48. Section 684.0048, Florida Statutes, is created
  888  to read:
  889         684.0048Grounds for refusing recognition or enforcement.—
  890         (1) Recognition or enforcement of an arbitral award,
  891  irrespective of the country in which it was made, may be refused
  892  only:
  893         (a) At the request of the party against whom it is invoked,
  894  if that party furnishes to the competent court where recognition
  895  or enforcement is sought proof that:
  896         1. A party to the arbitration agreement defined in s.
  897  684.0003(1)(c) was under some incapacity; the arbitration
  898  agreement is not valid under the law to which the parties have
  899  subjected it; or failing any indication thereon, under the law
  900  of the country where the award was made;
  901         2. The party against whom the award is invoked was not
  902  given proper notice of the appointment of an arbitrator or of
  903  the arbitral proceedings or was otherwise unable to present its
  904  case;
  905         3. The award deals with a dispute not contemplated by or
  906  not falling within the terms of the submission to arbitration,
  907  or it contains decisions on matters beyond the scope of the
  908  submission to arbitration. However, if the decisions on matters
  909  submitted to arbitration can be separated from those not so
  910  submitted, that part of the award which contains decisions on
  911  matters submitted to arbitration may be recognized and enforced;
  912         4. The composition of the arbitral tribunal or the arbitral
  913  procedure was not in accordance with the agreement of the
  914  parties or, failing such agreement, was not in accordance with
  915  the law of the country where the arbitration took place; or
  916         5. The award has not yet become binding on the parties or
  917  has been set aside or suspended by a court of the country in
  918  which, or under the law of which, that award was made; or
  919         (b) If the court finds that:
  920         1. The subject matter of the dispute is not capable of
  921  settlement by arbitration under the laws of this state; or
  922         2. The recognition or enforcement of the award would be
  923  contrary to the public policy of this state.
  924         (2) If an application for setting aside or suspension of an
  925  award has been made to a court referenced in subparagraph
  926  (1)(a)5., the court where recognition or enforcement is sought
  927  may, if it considers it proper, adjourn its decision and may
  928  also, on the application of the party claiming recognition or
  929  enforcement of the award, order the other party to provide
  930  appropriate security.
  931         Section 49. Parts I, II, and III of chapter 684, Florida
  932  Statutes, consisting of sections 684.01, 684.02, 684.03, 684.04,
  933  684.05, 684.06, 684.07, 684.08, 684.09, 684.10, 684.11, 684.12,
  934  684.13, 684.14, 684.15, 684.16, 684.17, 684.18, 684.19, 684.20,
  935  684.21, 684.22, 684.23, 684.24, 684.25, 684.26, 684.27, 684.28,
  936  684.29, 684.30, 684.31, 684.32, 684.33, 684.34, and 684.35, are
  937  repealed.
  938         Section 50. This act shall take effect July 1, 2010.