The Florida Senate

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.