The Florida Senate

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.