The Florida Senate

684.16  Interim relief.--

(1)  Upon application by a party and after all other parties have been notified and given an opportunity to comment, unless notice proves impossible after efforts reasonably designed to give actual notice, the arbitral tribunal may grant such interim relief as it considers appropriate and, in so doing, may require the applicant to post bond or give other security. The power herein conferred upon the tribunal is without prejudice to the right of a party under applicable law to request interim relief directly from any court, tribunal, or other governmental authority, within or without this state, and to do so without prior authorization of the arbitral tribunal. Unless otherwise provided in the written undertaking to arbitrate, such a request shall not be deemed incompatible with, nor a waiver of, that undertaking.

(2)  In lieu of an order granting interim relief, or in aid of any order granted, the arbitral tribunal may itself apply or may authorize a party to apply to any court, tribunal, or other governmental authority within or without this state for such assistance in securing the objectives intended by the order or request for interim relief as the arbitral tribunal determines appropriate.

(3)  If the arbitral tribunal determines that participation by one or more parties in its review of an application for interim relief might jeopardize the effectiveness of the relief requested, it shall, notwithstanding the requirements of subsection (1), make its decision without notice to, and in the absence of, such parties and shall also, without notice to such parties, take any action authorized by subsection (2); provided that immediately following the issuance of an order for interim relief by the arbitral tribunal or by a court, tribunal, or other governmental authority, whichever is the last to occur, the arbitral tribunal shall extend to all parties not notified of the application for interim relief adequate opportunity to seek termination or modification of any relief granted.

(4)  The arbitral tribunal may at any time modify or terminate any interim relief granted by it.

History.--s. 1, ch. 86-266.