The Florida Senate

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.