The Florida Senate

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.