The Florida Senate

684.01  Short title.

684.02  Policy.

684.03  Scope of this chapter.

684.04  Definitions.

684.01  Short title.--This chapter shall be known and may be cited as the "Florida International Arbitration Act."

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

684.02  Policy.--

(1)  It is the policy of the Legislature to encourage the use of arbitration to resolve disputes arising out of international relationships and to assure access to the courts of this state for legal proceedings ancillary to, or otherwise in aid of, such arbitration.

(2)  Any person may enter into a written undertaking to arbitrate any dispute then existing or thereafter arising between that person and another. If the dispute is within the scope of this chapter, the undertaking shall be enforced by the courts of this state in accordance with s. 684.22 without regard to the justiciable character of the dispute. In addition, if the undertaking is governed by the law of this state, it shall be valid and enforceable in accordance with ordinary principles of contract law.

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

684.03  Scope of this chapter.--

(1)  This chapter shall only apply to the arbitration of disputes between:

(a)  Two or more persons at least one of whom is a nonresident of the United States; or

(b)  Two or more persons all of whom are residents of the United States if the dispute:

1.  Involves property located outside the United States;

2.  Relates to a contract or other agreement which envisages performance or enforcement in whole or in part outside the United States;

3.  Involves an investment outside the United States or the ownership, management, or operation of a business entity through which such an investment is effected, or any agreement pertaining to any interest in such an entity; or

4.  Bears some other relation to one or more foreign countries.

(2)  Notwithstanding the provisions of subsection (1), this chapter shall not apply to the arbitration of:

(a)  Any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in this state, unless the parties in writing expressly submit the arbitration of that dispute to this chapter; or

(b)  Any dispute involving domestic relations or of a political nature between two or more governments.

(3)  If, in any arbitration within the scope of this chapter, reference must, under applicable conflict of laws principles, be made to the arbitration law of this state, such reference shall be to this chapter.

(4)  This chapter shall not apply to conciliation or mediation proceedings except as provided in s. 684.10.

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

684.04  Definitions.--As used in this chapter:

(1)  The term "person" shall have the meaning set forth in s. 1.01(3) and shall include a government or any agency, instrumentality, or subdivision thereof.

(2)  The term "resident of the United States" means:

(a)  A natural person who maintains his or her sole residence within a state, possession, or territory of the United States or within the District of Columbia; or

(b)  Any other person organized or incorporated under the laws of the United States or any state, possession, or territory thereof or of the District of Columbia.

(3)  The term "nonresident of the United States" means any person not a resident of the United States as defined in subsection (2).

(4)  Any reference to a "written undertaking to arbitrate" shall be to that writing by which a person undertakes to submit a dispute to arbitration, without regard to whether that undertaking is sufficient to sustain a valid and enforceable contract or is subject to defenses. A written undertaking to arbitrate may be part of a contract, or may be a separate writing, and may be contained in correspondence, telegrams, telexes, or any other form of written communication.

History.--s. 1, ch. 86-266; s. 732, ch. 97-102.

684.05  Scope of part.

684.06  Conduct of the arbitration.

684.07  Freedom of parties to fix rules for arbitration.

684.08  Notice commencing arbitration; answer and notices during arbitration.

684.09  Appointment of the arbitral tribunal.

684.10  Mediation, conciliation, and settlement.

684.11  Majority action by the arbitral tribunal.

684.12  Consolidation of arbitrations.

684.13  Hearings; place of arbitration.

684.14  Representation by counsel.

684.15  Evidence; witnesses; subpoenas; depositions.

684.16  Interim relief.

684.17  Applicable law.

684.18  Interest.

684.19  Awards.

684.20  Change of award.

684.05  Scope of part.--This part shall apply to any arbitration within the scope of this chapter, without regard to whether the place of arbitration is within or without this state, if:

(1)  The written undertaking to arbitrate expressly provides, or the parties otherwise agree, that the law of this state shall apply;

(2)  In the absence of a choice of law provision applicable to the written undertaking to arbitrate, that undertaking forms part of a contract the interpretation of which is to be governed by the law of this state; or

(3)  In any other case, the arbitral tribunal decides under applicable conflict of laws principles that the arbitration shall be conducted in accordance with the law of this state.

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

684.06  Conduct of the arbitration.--

(1)  Except as provided in this chapter or in the written undertaking to arbitrate, the arbitral tribunal shall conduct the arbitration as it deems appropriate, including determination of the language to be used.

(2)  The arbitral tribunal shall have the power to rule on all challenges to its jurisdiction. This shall include, without limitation, challenges based on the claim that the written undertaking to arbitrate does not exist or does not give rise to a valid and enforceable agreement, challenges asserting that the dispute is not within the scope of the questions referable to arbitration or is otherwise nonarbitrable, and challenges to the composition of, or method used in forming, the tribunal.

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

684.07  Freedom of parties to fix rules for arbitration.--

(1)  The parties may at any time agree in writing to conduct the arbitration in accordance with such rules as they may select, including any system of rules incorporated by reference in the written undertaking to arbitrate. In determining those rules, the parties may elect to exclude from the arbitration one or more provisions of this part. The provisions of this part shall not apply except to the extent consistent with and subject to the rules adopted by the parties. As used in this part, the term "written undertaking to arbitrate" includes any system of rules selected by the parties.

(2)  If any provision of this part or of the written undertaking to arbitrate is not complied with, any party who nevertheless proceeds with the arbitration without stating her or his objection without undue delay or, if a time limit is provided for stating such objection, within such time period may be deemed to have waived or be estopped from any right to object.

History.--s. 1, ch. 86-266; s. 733, ch. 97-102.

684.08  Notice commencing arbitration; answer and notices during arbitration.--

(1)  A party desiring to arbitrate a dispute pursuant to a written undertaking to arbitrate shall give or cause to be given to all parties to that undertaking written notice of the commencement of the arbitration. The notice shall set forth the nature of the dispute, the names and addresses of the parties, a reference to the written undertaking to arbitrate, a demand that the dispute be referred to arbitration under that undertaking, and a statement of the relief sought, including the amount claimed, if any. The notice may also include a proposal for the method of appointing the arbitral tribunal, if that method has not already been agreed upon, or may give notice of the appointment of an arbitrator.

(2)  The notice commencing arbitration shall be served upon the other parties to the written undertaking to arbitrate in the manner provided in that undertaking or, in the absence of such a provision, in a manner reasonably designed to give other parties actual notice of the proposed proceedings.

(3)  If a party to a written undertaking to arbitrate dies or if a committee of the person or property of a party to such an undertaking is appointed, an arbitration under that undertaking may be commenced or continued by, or upon notice to, the personal representative or administrator of the deceased party; the committee of the person or property of that party; or, where the proceedings relate to real property, any distributee or devisee who has succeeded to the deceased party's interest in the property.

(4)  Following its appointment, the arbitral tribunal shall fix a time within which any party served with a notice commencing arbitration must file with the tribunal such written answer, counterclaim, or cross-claim as that party determines appropriate. Such answer, counterclaim, or cross-claim shall also be served upon the other parties to the arbitration in the manner provided in the written undertaking to arbitrate or, in the absence thereof, in the manner fixed by the arbitral tribunal. Failure to file an answer shall constitute a general denial of the claim set forth in the notice commencing the arbitration.

(5)  If in the course of an arbitration it becomes necessary or advisable for any party to give notice to or serve documents upon the arbitral tribunal or one or more parties to the arbitration, it shall do so in the manner provided in the written undertaking to arbitrate or, in the absence thereof, in the manner fixed by the tribunal.

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

684.09  Appointment of the arbitral tribunal.--If the parties in the written undertaking to arbitrate or otherwise agree upon a method for appointing the arbitral tribunal or any member thereof or successor thereto, that method shall be followed. If, notwithstanding that undertaking, the parties agree upon named arbitrators, the arbitrators so named shall constitute the tribunal. If the parties shall fail to agree upon such a method or if the method selected shall fail and the parties shall not have otherwise named the tribunal, such appointment may be made as provided in s. 684.23(1). Unless the parties otherwise agree, the tribunal shall consist of a single arbitrator.

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

684.10  Mediation, conciliation, and settlement.--

(1)  If during the arbitral proceedings a party claims in writing that one or more of the parties has not complied with an agreement to submit a dispute to mediation or conciliation, the arbitral tribunal shall determine the validity and timeliness of that claim and, upon finding it valid and timely, shall hold the arbitral proceedings in abeyance pending submission of the dispute to mediation or conciliation as agreed. Thereafter, the tribunal shall proceed to arbitrate the dispute when satisfied that the attempt at mediation or conciliation has failed.

(2)  If before a final award is issued the parties agree to settle their dispute, the arbitral tribunal shall either issue an order terminating the arbitral proceeding or, if requested by the parties and accepted by the tribunal, record the agreed settlement in the form of a final award.

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

684.11  Majority action by the arbitral tribunal.--If the arbitral tribunal consists of more than one arbitrator, its powers shall be exercised by a majority of its members, except that the tribunal may authorize the presiding arbitrator to decide matters of procedure subject to review by the full tribunal.

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

684.12  Consolidation of arbitrations.--

(1)  If two or more disputes have common questions of law or fact or arise out of a single transaction or enterprise and if at least one of those disputes is to be arbitrated under this chapter, the disputes may be consolidated and determined by one arbitral tribunal if consolidation is not prohibited by the arbitral law or the rules otherwise applicable to the separate disputes and:

(a)  All affected parties agree to the consolidation; or

(b)  All of the disputes are to be submitted to the same tribunal, and the tribunal determines that consolidation will serve the interests of justice and the expeditious resolution of the disputes.

(2)  The consolidated proceedings shall be conducted under such rules as the parties agree upon or, in the absence of agreement, as determined by the arbitral tribunal.

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

684.13  Hearings; place of arbitration.--

(1)  At the request of a party or upon its own initiative, the arbitral tribunal shall conduct one or more hearings for the purpose of examining witnesses, inspecting documents or other evidence, or entertaining oral arguments; however, if the parties shall request more than one hearing, the determination as to whether any hearings shall be held subsequent to the first hearing shall be made by the tribunal. A hearing may be held at any place within or without this state that the tribunal determines appropriate, whether or not that place is the place of arbitration. In the absence of a request for a hearing, the tribunal may proceed on the basis of documents and other materials. If a hearing is to be conducted, the tribunal shall cause notice to be given to each party not less than 14 days before the hearing, unless notice proves impossible after efforts reasonably designed to give actual notice. Appearance at a hearing without timely objection shall constitute a waiver of the notice requirement.

(2)  Prior to a date certain established by the arbitral tribunal, any party may amend a claim, answer, counterclaim, or cross-claim previously filed by it or may assert additional claims, counterclaims, or cross-claims. After that date, all such additions and amendments shall be at the discretion of the tribunal.

(3)  The place of arbitration, whether within or without this state, shall be determined by the parties or, in the absence of such determination, by the arbitral tribunal having regard to the circumstances of the arbitration. Selection of the place of arbitration shall not in itself constitute selection of the procedural or substantive law of that place as the law governing the arbitration.

(4)  The arbitral tribunal may hold meetings at any place, whether or not it is the place of arbitration, and may use any means of communication it deems appropriate.

(5)  The arbitral tribunal may adjourn its proceedings from time to time upon its own initiative and shall do so upon the request of a party for good cause shown; however, no adjournment shall extend the proceedings beyond the date fixed by the parties for issuance of a final award unless the parties extend that date.

(6)  The arbitral tribunal may dismiss any claim, counterclaim, or cross-claim which the moving party fails to prosecute with reasonable diligence as determined by the tribunal. If a person against whom a claim, counterclaim, or cross-claim is filed fails to appear or proceed with a defense against that claim without good cause shown, the tribunal shall decide the claim, counterclaim, or cross-claim on the basis of the evidence before it. No award shall issue based solely upon the default of a party, and the failure of any party to appear, proceed, or defend shall not in itself be treated as an admission.

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

684.14  Representation by counsel.--A party to an arbitration shall have the right to be represented by counsel in any arbitral proceeding. A waiver of that right prior to any proceeding is ineffective.

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

684.15  Evidence; witnesses; subpoenas; depositions.--

(1)  The arbitral tribunal shall determine the relevance and materiality of the evidence and need not follow formal rules of evidence. The tribunal may take into account its own experience and any customs, usages of trade, or other facts and circumstances which it deems relevant. The tribunal may utilize any lawful method it deems appropriate to obtain evidence additional to that produced by the parties, and the parties shall comply with any request of the tribunal for additional evidence.

(2)  The arbitral tribunal may issue subpoenas or other demands for the attendance of witnesses or for the production of books, records, documents, and other evidence, may administer oaths, may order depositions to be taken or other discovery obtained, without regard to the place where the witness or other evidence is located, and may appoint one or more experts to report to it.

(3)  The arbitral tribunal may fix such fees for the attendance of witnesses as it deems appropriate.

(4)  In exercising the powers conferred upon it by this section, the arbitral tribunal may apply for assistance from any court, tribunal, or governmental authority in any jurisdiction.

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

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.

684.17  Applicable law.--The arbitral tribunal shall decide the merits of the dispute before it according to the law or other decisional principles provided for in the written undertaking to arbitrate, including acting ex aequo et bono or as amiables compositeurs. In the absence of such stipulation, the tribunal shall decide the merits of the dispute according to the law, including equitable principles, which it determines should control. In making that determination, the tribunal shall be free to employ the conflict of laws principles which it deems most appropriate to the circumstances of the arbitration.

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

684.18  Interest.--The arbitral tribunal may award interest as agreed to in writing by the parties or, in the absence of such agreement, as the tribunal deems appropriate.

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

684.19  Awards.--

(1)  The arbitral tribunal shall issue its final award within such time as is specified by the parties in writing or, in the absence of such specification, within such time as the tribunal determines appropriate. In addition to a final award, a tribunal may issue interim, interlocutory, or partial awards. Each award shall be in writing, shall state the date and place of issuance, and shall be signed prior to issuance by each member of the tribunal unless, in the case of a tribunal consisting of more than one member, the award is signed by a majority of the members and an explanation for each missing signature is given. Members' signatures need not be affixed at the place of arbitration.

(2)  The arbitral tribunal shall deliver, either personally or by registered or certified mail, a signed counterpart of the award to each party to the arbitration, unless such delivery proves impossible after efforts reasonably designed to assure actual delivery.

(3)  A written statement of the reasons for an award shall be issued only if all parties agree to the issuance thereof or the tribunal determines that a failure to do so could prejudice recognition or enforcement of the award. An award may be made public by the tribunal or by a party only if:

(a)  All parties to the arbitration consent thereto in writing;

(b)  Disclosure is required by law; or

(c)  Disclosure is necessary in connection with any judicial or other official proceeding concerning the award.

(4)  The arbitral tribunal may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel, to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.

History.--s. 1, ch. 86-266; s. 1, ch. 94-72.

684.20  Change of award.--Upon application by a party filed within 30 days of the issuance of an award, the arbitral tribunal may vacate, clarify, correct, or amend an award. A copy of the application shall be delivered to all parties to the arbitration personally or by registered or certified mail, unless such delivery proves impossible after efforts reasonably designed to assure actual delivery. Thereafter, the parties shall be given adequate opportunity to respond in writing. In reaching its decision, the tribunal may hold further hearings, take additional evidence, and accept written submissions from the parties.

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

684.21  Scope of this part.

684.22  Court proceedings to compel arbitration and to stay certain court proceedings.

684.23  Court proceedings during arbitration.

684.24  Court proceedings upon final awards.

684.25  Grounds for vacating an award or declaring it not entitled to confirmation.

684.26  Award in a foreign currency.

684.27  Judgment or decree on a final award.

684.28  Judgment roll; docketing.

684.29  Application to circuit court; form and process.

684.30  Consent to jurisdiction.

684.31  Venue.

684.32  Appeals.

684.33  Transitional rule.

684.34  Severability and characterization.

684.35  Immunity for arbitrators.

684.21  Scope of this part.--This part shall apply to any arbitration within the scope of this chapter, whether or not the arbitration is subject to the provisions of part II of this chapter.

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

684.22  Court proceedings to compel arbitration and to stay certain court proceedings.--

(1)  A person may apply to a circuit court of this state for an order compelling arbitration if that person claims that another party to a dispute has entered into a written undertaking to arbitrate that dispute and after notice has refused or otherwise failed to arbitrate in accordance with the undertaking. If the court, sitting without a jury, finds that the party refusing or otherwise failing to arbitrate has, in fact, given the undertaking claimed, the order compelling arbitration shall issue without regard to whether the place of arbitration is within or without this state or the arbitration is subject to part II of this chapter, unless the court finds:

(a)  That there was fraud in the inducement of the written undertaking to arbitrate;

(b)  That submission of the dispute to arbitration would be contrary to the public policy of this state or of the United States; or

(c)  That an arbitral tribunal impaneled in accordance with the written undertaking to arbitrate has previously determined that the dispute is not arbitrable or that the undertaking is invalid or unenforceable.

All other questions, including whether the dispute is arbitrable or whether the written undertaking to arbitrate is subject to defenses or is otherwise invalid or unenforceable, shall be for the arbitral tribunal to decide. If any part of a dispute which cannot be submitted to arbitration for the reasons stated in paragraphs (a)-(c) is severable from the remainder of the dispute, the court may order arbitration to proceed with regard to the remainder.

(2)  Upon timely application by a party, an action or proceeding in a court of this state involving a dispute that is subject to arbitration shall be stayed by the court if an order compelling arbitration of the dispute could issue under subsection (1). Upon application by a party, the stay may be accompanied by an order compelling arbitration. This subsection shall not apply to any court proceeding pursuant to s. 684.23 or s. 684.24.

(3)  Upon timely application by a party, a circuit court of this state may enjoin another party from proceeding with an action before any court within or without this state involving a dispute that is subject to arbitration if an order compelling arbitration of the dispute could issue under subsection (1). The injunction may, upon application by a party, be accompanied by an order compelling arbitration. This subsection shall not apply to any court proceeding pursuant to s. 684.23 or s. 684.24.

(4)  Upon timely application by a party, a circuit court of this state may stay the arbitration of a dispute if an order compelling arbitration could not issue under subsection (1). Such stay shall issue whether the place of arbitration is within or without this state.

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

684.23  Court proceedings during arbitration.--

(1)  Upon application by a party to a written undertaking to arbitrate, a circuit court of this state may appoint an arbitral tribunal or any member thereof or successor thereto, if the parties have failed to agree upon a method of appointment or if the method agreed upon fails or cannot be followed and, in either case, the parties have not otherwise agreed upon a named arbitrator or arbitrators. Any arbitrator so appointed shall exercise all powers and functions provided for in the written undertaking to arbitrate.

(2)  Upon application by an arbitral tribunal or by a party authorized by the tribunal, a circuit court of this state:

(a)  Shall enforce any subpoena, demand, or order of the tribunal for:

1.  The attendance of witnesses,

2.  The production of books, records, documents, or other evidence,

3.  The taking of depositions, or

4.  The obtaining of other discovery,

in the manner provided by law for the enforcement of subpoenas, demands, or other such orders in civil actions; and

(b)  Shall, to the extent of its powers, render such other assistance as the movant may request, including issuance of letters rogatory or other requests for foreign judicial assistance.

(3)  Upon application by an arbitral tribunal or by a party authorized by a tribunal to make the application, a circuit court of this state may grant any interim relief, including, without limitation, temporary restraining orders, preliminary injunctions, attachments, garnishments, or writs of replevin, which it is empowered by law to grant. All actions under this subsection shall be subject to such procedural requirements and other conditions as would apply in a comparable action not pertaining to an arbitration.

(4)  The provisions of subsection (3) are without prejudice to the right of a party to an arbitration to seek interim relief directly from any court of competent jurisdiction, provided that no such relief shall be granted by the courts of this state unless the moving party shows that an application to the arbitral tribunal for that relief would prejudice the party's rights and that interim relief from the court is necessary to protect those rights. The tribunal shall be deemed a party in interest in any such action. Any court of this state that issues an order for interim relief as provided in this subsection shall, upon application by the tribunal, modify or terminate its order as appropriate.

(5)  Upon application by a party showing that the arbitral tribunal has unduly delayed issuance of its final award, a circuit court of this state may fix a time within which a final award must issue, but only if the place of arbitration is within this state or the arbitration is subject to part II of this chapter. The tribunal shall be deemed a party in interest in any such action.

(6)  The powers conferred upon the courts by this section may be exercised without regard to whether the place of arbitration is within or without this state, unless otherwise expressly provided.

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

684.24  Court proceedings upon final awards.--

(1)  Any party to an arbitration within the scope of this chapter may apply to a circuit court of this state for an order to confirm or vacate any final award or to declare that the award is not entitled to confirmation by the courts of this state. The court shall dispose of all such applications as provided in paragraphs (a)-(c) without regard to the law of the place of arbitration, the law governing the award, or whether a court of law or equity would apply the law or decisional principles applied by the arbitral tribunal or would grant the relief provided for in the award.

(a)  The court shall confirm the award without regard to the place of arbitration unless one or more of the grounds set forth in s. 684.25 is established by way of an affirmative defense. If such a defense is established and the conditions set forth in paragraph (b) are met, the court, upon application, shall vacate the award without regard to any time limit contained in paragraph (3)(b); otherwise, it shall issue an order declaring that the award is not entitled to confirmation by the courts of this state.

(b)  The court shall grant an application to vacate the award if:

1.  The applicant establishes one or more of the grounds set forth in s. 684.25; and

2.  Either the place of arbitration was in this state or the arbitration was subject to part II of this chapter.

If the applicant fails to establish one or more of the grounds set forth in s. 684.25, the court, upon application by any party, shall enter an order confirming the award.

(c)  The court shall declare that the award is not entitled to confirmation by the courts of this state if the applicant establishes one or more of the grounds set forth in s. 684.25, but the place of arbitration was outside this state and the arbitration was not subject to part II of this chapter.

(2)  In any action under subsection (1), the judgment of a court in a foreign country determining whether one or more of the grounds set forth in s. 684.25 is established shall be accorded the effect normally given the judgment of a court in a foreign country by the courts of this state.

(3)  The applications referred to in subsection (1) shall be brought within the following time limits:

(a)  An application to confirm an award shall be brought within the time provided in s. 95.051(1) for the enforcement of judgments.

(b)  An application to vacate an award or for a declaration that the award is not entitled to confirmation by the courts of this state shall be brought within 90 days of receipt of the final award by the applicant or, in the case of an application based on s. 684.25(1)(d) or (e), within 90 days of the date when the circumstances giving rise to the application were discovered or, with the exercise of due diligence, should have been discovered by the applicant.

(c)  If any party to an arbitration shall die or become incompetent, a court may extend the foregoing time limits.

(4)  In considering an application filed under subsection (1), a court may request the arbitral tribunal to clarify its award and may modify or correct the award for any evident miscalculation or mistake in the description of any person or property or for any imperfection of form not affecting the merits.

(5)  A judgment or decree of a court of this state confirming an award may, upon application, be vacated at any time on the grounds set forth in s. 684.25 (1)(d) and (e), provided the application is made within 90 days of the date when the circumstances giving rise to the application were first discovered or, with the exercise of due diligence, should have been discovered by the applicant.

(6)  If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall, except as provided in subsection (2), confirm, vacate, or declare the award not entitled to confirmation by the courts of this state without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into the judgment.

(7)  For purposes of this section and of s. 684.25, an arbitral award shall be deemed a final award unless:

(a)  It is expressly designated an interim or interlocutory award or by its terms is not final;

(b)  An application to vacate, clarify, correct, or amend the award is pending before the arbitral tribunal; or

(c)  Under the rules applicable to the arbitration, it is subject to further review by any arbitral authority.

For purposes of the law of this state, an award which is final as described above shall be deemed final regardless of whether judicial confirmation or other official action is necessary to render that award final within the contemplation of any foreign law which may be applicable to the arbitration.

History.--s. 1, ch. 86-266; s. 2, ch. 90-105.

684.25  Grounds for vacating an award or declaring it not entitled to confirmation.--

(1)  A final award shall be vacated or declared not entitled to confirmation by the courts of this state only if one or more of the following grounds is established:

(a)  There was no written undertaking to arbitrate, there was fraud in the inducement of that undertaking, or an arbitral tribunal impaneled in accordance with the undertaking had previously determined that the dispute was nonarbitrable or that the undertaking was invalid or unenforceable, unless the party challenging the award participated on the merits in the arbitral proceedings leading to the award without first having submitted such questions to the arbitral tribunal;

(b)  The party challenging the award was not given notice of the appointment of the arbitral tribunal or of the arbitral proceedings, unless notice proved impossible after efforts reasonably designed to give actual notice or such party waived notice or participated in those proceedings on the merits of the dispute;

(c)  The arbitral tribunal conducted its proceedings so unfairly as to substantially prejudice the rights of the party challenging the award;

(d)  The award was obtained by corruption, fraud, or undue influence or is contrary to the public policy of the United States or of this state;

(e)  Any neutral arbitrator had a material conflict of interest with the party challenging the award, unless that party had timely notice of the conflict and proceeded without objection to arbitrate the dispute;

(f)  The award resolves a dispute which the parties did not agree to refer to the arbitral tribunal, unless the party objecting shall have arbitrated the dispute without objection, and the tribunal's decision that such dispute was referred to it for arbitration was clearly erroneous, provided that a court may determine instead to vacate or to declare not entitled to confirmation only that portion of the award dealing with the excluded dispute; or

(g)  The arbitral tribunal was not constituted in accordance with the agreement of the parties, unless the party challenging the award waived the irregularity or participated in the arbitral proceedings without first objecting thereto.

(2)  The courts of this state shall not make an independent factual determination concerning whether the grounds described in paragraph (1)(c), paragraph (1)(f), or paragraph (1)(g) are present if the arbitration leading to the award was conducted under the rules of, or was subject to supervision by, an arbitral authority and such grounds were submitted to such authority as a basis for challenging the validity of the award or the conduct of the arbitration. In such a case, the determination of the arbitral authority concerning such grounds shall be final. In addition, if under the rules applicable to an arbitration the grounds described in paragraph (1)(c), paragraph (1)(f), or paragraph (1)(g) could have been but were not submitted to an arbitral authority as a basis for challenging the validity of the award or the conduct of the arbitration, the courts of this state shall not declare an award not entitled to confirmation or vacate that award or deny it confirmation on such grounds.

(3)  A court issuing an order to vacate an award or to declare that an award is not entitled to confirmation by the courts of this state may also order that all or part of the dispute between the parties be resubmitted to the same or a new arbitral tribunal as it deems appropriate.

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

684.26  Award in a foreign currency.--The courts of this state shall confirm a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars. In such case, the court shall, in addition to entering the order in the foreign currency designated by the award, upon application by a party also enter that order in United States dollars determined by reference to the market rate of exchange prevailing in this state on the date the award was issued, unless the award itself fixes some other date. If no such market rate of exchange is available, the court shall fix the rate it deems appropriate. Judgment or decree may be entered upon such an order as provided in s. 684.27.

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

684.27  Judgment or decree on a final award.--Once an order confirming or vacating an award or declaring that an award is not entitled to confirmation by the courts of this state has been rendered, a judgment or decree shall be entered in conformity with that order to be enforced like any other judgment or decree. Upon entry of a judgment or decree, the court may also, in its discretion, award costs and disbursements.

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

684.28  Judgment roll; docketing.--

(1)  Upon entry of a judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:

(a)  The final award;

(b)  A copy of the order; and

(c)  A copy of the judgment or decree.

(2)  The judgment or decree may be docketed as if rendered in a civil action.

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

684.29  Application to circuit court; form and process.--An application to a circuit court of this state pursuant to this chapter shall be by motion and shall be heard in the manner provided by law or rule of the court for the making and hearing of motions. Process in connection with such an application shall be served as provided in s. 48.196.

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

684.30  Consent to jurisdiction.--The conduct of an arbitration within this state, or the making of a written undertaking to arbitrate which provides for arbitration within this state or subject to part II of this chapter, shall constitute a consent to the exercise of in personam jurisdiction by the courts of this state in any action authorized by this part.

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

684.31  Venue.--An application under this chapter shall be made to the circuit court for the county in which any party to the arbitration resides or has a place of business or in which the place of arbitration is located. If no such party resides or has a place of business within this state and if the place of arbitration is outside this state, then the application may be made to any circuit court of this state. All applications made subsequent to an initial application under this chapter shall be made to the court hearing the initial application, unless it shall order otherwise.

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

684.32  Appeals.--

(1)  An appeal may be taken from any of the following:

(a)  An order under s. 684.22 granting or denying an application to compel or to stay arbitration or to stay judicial proceedings.

(b)  An order granting or denying an application under s. 684.23(2) for assistance in obtaining evidence or an application under s. 684.23(3) for interim relief.

(c)  An order under s. 684.24 confirming or vacating a final award or declaring that an award is not entitled to confirmation by the courts of this state.

(d)  A judgment or decree entered pursuant to s. 684.27.

(2)  Appeals shall be taken in the same manner and be subject to the same scope of review as appeals from orders or judgments in civil actions. All appeals shall be confined to questions within the competence conferred by this chapter upon the court from which the appeal is taken or to the question of whether such court exceeded that competence.

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

684.33  Transitional rule.--This chapter shall apply to all written undertakings to arbitrate within the scope of this chapter, whether entered into before or after October 1, 1986; however, this part shall not apply to any judicial proceeding commenced prior to that date, and part II of this chapter shall not apply to any arbitration commenced prior to that date unless the parties agree to the contrary in writing.

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

684.34  Severability and characterization.--

(1)  If any provision of this chapter or its application to any particular person or circumstance is held invalid, that provision or its application shall be deemed severable and shall not affect the validity of other provisions or applications of this chapter.

(2)  If in any arbitral, judicial, or other official proceeding within or without this state it shall become necessary to classify any provision of this chapter as substantive or procedural within the meaning of those terms in the conflict of laws, all provisions of this chapter relating to the obligation of the parties to arbitrate, to the conduct of the arbitral proceedings, and to the validity of arbitral awards shall be classified as substantive.

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

684.35  Immunity for arbitrators.--No person may sue in the courts of this state or assert a cause of action under the law of this state against any arbitrator when such suit or action arises from the performance of such arbitrator's duties.

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