HB 821

1	A bill to be entitled
2	An act relating to international commercial arbitration;
3	creating s. 684.0001, F.S.; providing a short title;
4	creating s. 684.0002, F.S.; defining the scope of
5	application of the Florida International Commercial
6	Arbitration Act; creating s. 684.0003, F.S.; defining
7	terms; providing rules of interpretation for the act;
8	creating s. 684.0004, F.S.; providing intent that the act
9	be applied and interpreted with respect to its purpose;
10	creating s. 684.0005, F.S.; specifying when a written
11	communication is received; creating s. 684.0006, F.S.;
12	specifying circumstances that constitute a waiver of the
13	right to object; creating s. 684.0007, F.S.; limiting the
14	ability of a court to intervene in an arbitral proceeding;
15	creating s. 684.0008, F.S.; designating the circuit court
16	in which an arbitration is or will be held as the court
17	that may take certain actions authorized by the act;
18	creating s. 684.0009, F.S.; requiring a court to refer
19	matters governed by an arbitration agreement to
20	arbitration; creating s. 684.001, F.S.; authorizing a
21	court to grant an interim measure of protection before or
22	during an arbitral proceeding; creating s. 684.0011, F.S.;
23	authorizing the parties to an arbitration to determine the
24	number of arbitrators; specifying the number of
25	arbitrators for a proceeding if the number of arbitrators
26	is not determined by the parties; creating s. 684.0012,
27	F.S.; specifying procedures for the appointment of an
28	arbitrator; creating s. 684.0013, F.S.; requiring a person
29	who is approached to be an arbitrator to make disclosures
30	relating to conflicts of interest; authorizing the
31	appointment of an arbitrator to be challenged based on a
32	perceived conflict of interest or qualifications; creating
33	s. 684.0014, F.S.; providing procedures to challenge the
34	appointment of an arbitrator; creating s. 684.0015, F.S.;
35	providing for the termination of the mandate of an
36	arbitrator due to failure or impossibility to act;
37	creating s. 684.0016, F.S.; providing a procedure for the
38	appointment of a substitute arbitrator; creating s.
39	684.0017, F.S.; authorizing an arbitral tribunal to
40	determine its jurisdiction; authorizing a court to
41	determine the jurisdiction of an arbitral tribunal;
42	creating s. 684.0018, F.S.; authorizing an arbitral
43	tribunal to grant an interim measure; creating s.
44	684.0019, F.S.; specifying conditions under which an
45	interim measure may be granted; creating s. 684.002, F.S.;
46	specifying conditions under which an interim order may be
47	granted to prevent a party from frustrating the purpose of
48	an interim measure; creating s. 684.0021, F.S.; requiring
49	a party to be notified of information relating to an
50	interim measure or preliminary order; requiring that a
51	party be given an opportunity to object to a preliminary
52	order; creating s. 684.0022, F.S.; authorizing an arbitral
53	tribunal to modify, suspend, or terminate an interim
54	measure or preliminary order under certain circumstances;
55	creating s. 684.0023, F.S.; authorizing an arbitral
56	tribunal to require security as a condition of granting an
57	interim measure; requiring security as a condition of
58	granting a preliminary order; creating s. 684.0024, F.S.;
59	requiring certain disclosures as a condition of granting
60	or maintaining an interim measure or preliminary order;
61	creating s. 684.0025, F.S.; providing for liability and an
62	award of costs and damages; creating s. 684.0026, F.S.;
63	providing for the recognition and enforcement of an
64	interim measure by a court; authorizing the court to
65	require security under certain circumstances; creating s.
66	684.0027, F.S.; specifying grounds under which a court may
67	refuse to enforce an interim measure; creating s.
68	684.0028, F.S.; authorizing a court to grant an interim
69	measure; creating s. 684.0029, F.S.; requiring parties to
70	an arbitral proceeding to be treated with equality and
71	given an opportunity to present their cases; creating s.
72	684.003, F.S.; authorizing parties to an arbitration to
73	agree to arbitration procedures; providing default
74	procedures; creating s. 684.0031, F.S.; authorizing
75	parties to an arbitration to agree on the place of
76	arbitration; providing criteria to determine a default
77	location for the arbitration; creating s. 684.0032, F.S.;
78	specifying the date of commencement of an arbitral
79	proceeding; creating s. 684.0033, F.S.; authorizing
80	parties to an arbitration to agree on the language to be
81	used in the proceeding; authorizing the arbitral tribunal
82	to determine the language in the absence of a decision by
83	the parties; creating s. 684.0034, F.S.; providing for the
84	submission of claims and defenses to an arbitral tribunal;
85	creating s. 684.0035, F.S.; providing for the
86	determination of the method by which evidence will be
87	presented before an arbitral proceeding; creating s.
88	684.0036, F.S.; specifying actions that constitute a
89	default by a party to an arbitral proceeding; creating s.
90	684.0037, F.S.; authorizing an arbitral tribunal to
91	appoint an expert and for the parties to question and
92	present other experts to the tribunal's expert, unless
93	otherwise agreed by the parties; creating s. 684.0038,
94	F.S.; authorizing a party or an arbitral tribunal to
95	request the assistance of a court in taking evidence;
96	creating s. 684.0039, F.S.; providing for the choice of
97	law applicable in an arbitral proceeding; creating s.
98	684.004, F.S.; specifying the number of arbitrators who
99	must make a decision, unless specified otherwise by the
100	parties; creating s. 684.0041, F.S.; authorizing the
101	parties to an arbitral proceeding to enter into a
102	settlement that is recorded as an award by the arbitral
103	tribunal; creating s. 684.0042, F.S.; specifying the form
104	and content of an arbitral award; creating s. 684.0043,
105	F.S.; specifying events that terminate or require an
106	arbitral tribunal to terminate an arbitral proceeding;
107	creating s. 684.0044, F.S.; authorizing an arbitral
108	tribunal to correct and interpret an arbitral award or
109	make an additional award under certain conditions;
110	creating s. 684.0045, F.S.; providing judicial immunity to
111	arbitrators acting under ch. 684, F.S.; creating s.
112	684.0046, F.S.; specifying conditions under which a court
113	may set aside an arbitral award; creating s. 684.0047,
114	F.S.; providing for the recognition and enforcement of
115	arbitral awards by a court; creating s. 684.0048, F.S.;
116	specifying grounds under which a court may refuse to
117	recognize or enforce an arbitral award; repealing parts I,
118	II, and III of ch. 684, F.S., which create the Florida
119	International Arbitration Act and provide procedures for
120	the conduct of international arbitrations and authorize
121	court proceedings in connection with such arbitrations;
122	providing an effective date.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1.  Section 684.0001, Florida Statutes, is created
127	to read:
128	684.0001  Short title.-This chapter may be cited as the
129	"Florida International Commercial Arbitration Act."
130	Section 2.  Section 684.0002, Florida Statutes, is created
131	to read:
132	684.0002  Scope of application.-
133	(1)  This chapter applies to international commercial
134	arbitration, subject to any agreement in force between the
135	United States of America and any other country or countries.
136	(2)  This chapter, except ss. 684.0009, 684.001, 684.0026,
137	684.0027, 684.0028, 684.0047, and 684.0048, applies only if the
138	place of arbitration is in this state.
139	(3)  An arbitration is international if:
140	(a)  The parties to an arbitration agreement have, at the
141	time of the conclusion of that agreement, their places of
142	business in different countries;
143	(b)  One of the following places is situated outside the
144	country in which the parties have their places of business:
145	1.  The place of arbitration if determined in, or pursuant
146	to, the arbitration agreement; or
147	2.  Any place where a substantial part of the obligations
148	of the commercial relationship are to be performed or the place
149	with which the subject matter of the dispute is most closely
150	connected; or
151	(c)  The parties have expressly agreed that the subject
152	matter of the arbitration agreement relates to more than one
153	country.
154	(4)  For the purposes of subsection (3):
155	(a)  If a party has more than one place of business, the
156	place of business is that which has the closest relationship to
157	the arbitration agreement.
158	(b)  If a party does not have a place of business,
159	reference shall be made to his or her habitual residence.
160	(5)  This chapter does not affect any law that may prohibit
161	a matter from being resolved by arbitration or that specifies
162	the manner in which a specific matter may be submitted or
163	resolved by arbitration.
164	Section 3.  Section 684.0003, Florida Statutes, is created
165	to read:
166	684.0003  Definitions and rules of interpretation.-
167	(1)  As used in this chapter, the term:
168	(a)  "Arbitral tribunal" means a sole arbitrator or panel
169	of arbitrators.
170	(b)  "Arbitration" means any arbitration whether or not
171	administered by a permanent arbitral institution.
172	(c)  "Arbitration agreement" means an agreement by the
173	parties to submit to arbitration all or certain disputes that
174	have arisen or may arise between them in respect of a defined
175	legal relationship, whether contractual or not.
176	(d)  "Court" means a circuit court of this state.
177	(2)  A provision of this chapter, except s. 684.0038, which
178	leaves the parties free to determine a certain issue, includes
179	the right of the parties to authorize a third party, including
180	an institution, to make that determination.
181	(3)  A provision of this chapter which refers to the fact
182	that the parties have agreed or that they may agree to a
183	procedure refers to an agreement of the parties. The agreement
184	includes any arbitration rules referenced in that agreement.
185	(4)  A provision of this chapter, other than in s.
186	684.0036(1) or s. 684.0043(2)(a), which refers to a claim also
187	applies to a counter claim, and a provision that refers to a
188	defense also applies to a defense to such counter claim.
189	Section 4.  Section 684.0004, Florida Statutes, is created
190	to read:
191	684.0004  International origin and general principles.-
192	(1)  This chapter shall be interpreted with regard to its
193	international origin and to the need to promote uniformity in
194	its application and the observance of good faith.
195	(2)  Questions concerning matters governed by this chapter
196	which are not expressly settled pursuant to it shall be settled
197	in conformity with the general principles on which this chapter
198	is based.
199	Section 5.  Section 684.0005, Florida Statutes, is created
200	to read:
201	684.0005  Receipt of written communications.-
202	(1)  Unless otherwise agreed by the parties, a written
203	communication is deemed to be received if it is delivered to the
204	addressee personally or if it is delivered to the addressee's
205	place of business, habitual residence, or mailing address. If
206	one of these locations cannot be found after a reasonable
207	inquiry, the written communication is deemed to be received if
208	it is sent to the addressee's last known place of business,
209	habitual residence, or mailing address by registered letter or
210	any other means that provides a record of the attempt to deliver
211	it. The communication is deemed to be received on the day it is
212	delivered.
213	(2)  This section does not apply to communications in court
214	proceedings.
215	Section 6.  Section 684.0006, Florida Statutes, is created
216	to read:
217	684.0006  Waiver of right to object.-A party who knows that
218	any provision of this chapter from which the parties may
219	derogate or any requirement under the arbitration agreement has
220	not been complied with and yet proceeds with the arbitration
221	without stating his or her objection to such noncompliance
222	without undue delay or, if a time limit is provided to object,
223	within such period of time, shall be deemed to have waived his
224	or her right to object.
225	Section 7.  Section 684.0007, Florida Statutes, is created
226	to read:
227	684.0007  Extent of court intervention.-In matters governed
228	by this chapter, a court may not intervene except to the extent
229	authorized by this chapter.
230	Section 8.  Section 684.0008, Florida Statutes, is created
231	to read:
232	684.0008  Court or other authority for certain functions of
233	arbitration assistance and supervision.-The functions referenced
234	in ss. 684.0012(3) and (4), 684.0013(3), 684.0014, 684.0015(3),
235	684.0017(3), and 684.0046(2) shall be performed by the circuit
236	court in the county in which the seat of the arbitration is
237	located.
238	Section 9.  Section 684.0009, Florida Statutes, is created
239	to read:
240	684.0009  Arbitration agreement and substantive claim
241	before court.-
242	(1)  A court before which an action is brought in a matter
243	that is the subject of an arbitration agreement shall, if a
244	party so requests not later than when submitting its first
245	statement on the substance of the dispute, refer the parties to
246	arbitration unless it finds that the agreement is null and void,
247	inoperative, or incapable of being performed.
248	(2)  If an action described in subsection (1) has been
249	brought, arbitral proceedings may nevertheless be commenced or
250	continued, and an award may be made, while the issue is pending
251	before the court.
252	Section 10.  Section 684.001, Florida Statues, is created
253	to read:
254	684.001  Arbitration agreement and interim measures by a
255	court.-It is not incompatible with an arbitration agreement for
256	a party to request from a court, before or during arbitral
257	proceedings, an interim measure of protection and for a court to
258	grant such a measure.
259	Section 11.  Section 684.0011, Florida Statutes, is created
260	to read:
261	684.0011  Number of arbitrators.-
262	(1)  The parties may determine the number of arbitrators.
263	(2)  If the parties fail to determine the number of
264	arbitrators, the number of arbitrators shall be three.
265	Section 12.  Section 684.0012, Florida Statutes, is created
266	to read:
267	684.0012  Appointment of arbitrators.-
268	(1)  A person is not precluded by reason of his or her
269	nationality from acting as an arbitrator, unless otherwise
270	agreed by the parties.
271	(2)  The parties may agree on a procedure of appointing the
272	arbitrator or arbitrators, subject to subsections (4) and (5).
273	(3)  Failing such agreement:
274	(a)  In an arbitration having three arbitrators, each party
275	shall appoint one arbitrator, and the two arbitrators thus
276	appointed shall appoint the third arbitrator. If a party fails
277	to appoint the arbitrator within 30 days after receipt of a
278	request to do so from the other party, or if the two arbitrators
279	fail to agree on the third arbitrator within 30 days after their
280	appointment, the appointment shall be made, upon request of a
281	party, by the court or other authority specified in s. 684.0008.
282	(b)  In an arbitration having a single arbitrator, if the
283	parties are unable to agree on the arbitrator, the arbitrator
284	shall be appointed, upon request of a party, by the court or
285	other authority specified in s. 684.0008.
286	(4)  If, under an appointment procedure agreed upon by the
287	parties:
288	(a)  A party fails to act as required under such procedure;
289	(b)  The parties, or two arbitrators, are unable to reach
290	an agreement under such procedure; or
291	(c)  A third party, including an institution, fails to
292	perform any function entrusted to it under such procedure,
293
294	any party may request the court or other authority specified in
295	s. 684.0008 to take the necessary measure, unless the agreement
296	on the appointment procedure provides other means for securing
297	the appointment.
298	(5)  A decision on a matter entrusted by subsection (3) or
299	subsection (4) to the court or other authority specified in s.
300	684.0008 is not appealable. The court or other authority, in
301	appointing an arbitrator, shall have due regard to any
302	qualifications required by the arbitrator by the agreement of
303	the parties and to such considerations that are likely to secure
304	the appointment of an independent and impartial arbitrator. In
305	the case of the appointment of a sole or third arbitrator, the
306	court or other authority shall take into account the
307	advisability of appointing an arbitrator of a nationality other
308	than those of the parties.
309	Section 13.  Section 684.0013, Florida Statutes, is created
310	to read:
311	684.0013  Grounds for challenge.-
312	(1)  When a person is approached in connection with a
313	possible appointment as an arbitrator, the person must disclose
314	any circumstances likely to give rise to justifiable doubts as
315	to the person's impartiality or independence. An arbitrator,
316	from the time of appointment and throughout the arbitral
317	proceedings, shall disclose any such circumstances to the
318	parties without delay, unless they have already been informed of
319	them by him or her.
320	(2)  An arbitrator may be challenged only if circumstances
321	exist that give rise to justifiable doubts as to the
322	arbitrator's impartiality or independence, or if the arbitrator
323	does not possess qualifications agreed to by the parties. A
324	party may challenge an arbitrator appointed by it, or in whose
325	appointment the party participated, only for reasons of which
326	the party became aware after the appointment was made.
327	Section 14.  Section 684.0014, Florida Statutes, is created
328	to read:
329	684.0014  Challenge procedure.-
330	(1)  The parties may agree on a procedure for challenging
331	an arbitrator, subject to subsection (3).
332	(2)  Failing such agreement, a party who intends to
333	challenge an arbitrator shall, within 15 days after becoming
334	aware of the constitution of the arbitral tribunal or after
335	becoming aware of any circumstance described in s. 684.0013(2),
336	send a written statement of the reasons for the challenge to the
337	arbitral tribunal. Unless the challenged arbitrator withdraws
338	from his or her office or the other party agrees to the
339	challenge, the arbitral tribunal shall decide on the challenge.
340	(3)  If a challenge under any procedure agreed upon by the
341	parties or pursuant to subsection (2) is not successful, the
342	challenging party may request, within 30 days after having
343	received notice of the decision rejecting the challenge, the
344	court or other authority specified in s. 684.0008 to decide on
345	the challenge. The decision of the court is not appealable.
346	While such a request is pending, the arbitral tribunal,
347	including the challenged arbitrator, may continue the arbitral
348	proceedings and make an award.
349	Section 15.  Section 684.0015, Florida Statutes, is created
350	to read:
351	684.0015  Failure or impossibility to act.-
352	(1)  If an arbitrator becomes de jure or de facto unable to
353	perform his or her functions or for other reasons fails to act
354	without undue delay, his or her mandate terminates if he or she
355	withdraws from office or if the parties agree on the
356	termination. Otherwise, if a controversy remains concerning any
357	of these grounds, any party may request the court or other
358	authority specified in s. 684.0008 to decide on the termination
359	of the mandate. The decision of the court is not appealable.
360	(2)  If, under this section or s. 684.0014(2), an
361	arbitrator withdraws from his or her office or a party agrees to
362	the termination of the mandate of an arbitrator, such actions do
363	not imply the acceptance of the validity of any ground described
364	in this section or in s. 684.0013(2).
365	Section 16.  Section 684.0016, Florida Statutes, is created
366	to read:
367	684.0016  Appointment of substitute arbitrator.-If the
368	mandate of an arbitrator terminates pursuant to s. 684.0014 or
369	s. 684.0015 or because of his or her withdrawal from office for
370	any other reason or because of the revocation of the mandate by
371	agreement of the parties or in any other case of termination of
372	the mandate, a substitute arbitrator shall be appointed pursuant
373	to the rules that applied to the appointment of the arbitrator
374	being replaced.
375	Section 17.  Section 684.0017, Florida Statutes, is created
376	to read:
377	684.0017  Competence of arbitral tribunal to rule on its
378	jurisdiction.-
379	(1)  The arbitral tribunal may rule on its own
380	jurisdiction, including any objections with respect to the
381	existence or validity of the arbitration agreement. For that
382	purpose, an arbitration clause that forms part of a contract
383	shall be treated as an agreement independent of the other terms
384	of the contract. A decision by the arbitral tribunal that the
385	contract is not valid does not entail ipso jure the invalidity
386	of the arbitration clause.
387	(2)  A plea that the arbitral tribunal does not have
388	jurisdiction must be raised not later than the submission of the
389	statement of defense. A party is not precluded from raising such
390	a plea by the fact that the party appointed, or participated in
391	the appointment of, an arbitrator. A plea that the arbitral
392	tribunal is exceeding the scope of its authority must be raised
393	as soon as the matter alleged to be beyond the scope of its
394	authority is raised during the arbitral proceedings. The
395	arbitral tribunal may, in either case, admit a later plea it if
396	considers the delay justified.
397	(3)  The arbitral tribunal may rule on a plea referenced in
398	subsection (2) as a preliminary question or in an award on the
399	merits. If the arbitral tribunal rules as a preliminary question
400	that it has jurisdiction, any party may request, within 30 days
401	after receiving notice of that ruling, that the court specified
402	in s. 684.0008 decide the matter. The decision of the court is
403	not appealable. While such a request is pending, the arbitral
404	tribunal may continue the arbitral proceedings and make an
405	award.
406	Section 18.  Section 684.0018, Florida Statutes, is created
407	to read:
408	684.0018  Power of arbitral tribunal to order interim
409	measures.-Unless otherwise agreed by the parties, the arbitral
410	tribunal may, at the request of a party, grant interim measures.
411	An interim measure is any temporary measure, whether in the form
412	of an award or in another form, by which, at any time before the
413	issuance of the award by which the dispute is finally decided,
414	the arbitral tribunal orders a party to:
415	(1)  Maintain or restore the status quo pending
416	determination of the dispute;
417	(2)  Take action to prevent, or refrain from taking action
418	that is likely to cause, current or imminent harm or prejudice
419	to the arbitral process;
420	(3)  Provide a means of preserving assets out of which a
421	subsequent award may be satisfied; or
422	(4)  Preserve evidence that may be relevant and material to
423	the resolution of the dispute.
424	Section 19.  Section 684.0019, Florida Statutes, is created
425	to read:
426	684.0019  Conditions for granting interim measures.-
427	(1)  The party requesting an interim measure under s.
428	684.0018 must satisfy the arbitral tribunal that:
429	(a)  Harm not adequately reparable by an award of damages
430	is likely to result if the measure is not ordered, and such harm
431	substantially outweighs the harm that is likely to result to the
432	party against whom the measure is directed if the measure is
433	granted; and
434	(b)  A reasonable possibility exists that the requesting
435	party will succeed on the merits of the claim. The determination
436	on this possibility does not affect the discretion of the
437	arbitral tribunal in making any subsequent determination.
438	(2)  With regard to a request for an interim measure under
439	s. 684.0018, the requirements in subsection (1) apply only to
440	the extent the arbitral tribunal considers appropriate.
441	Section 20.  Section 684.002, Florida Statutes, is created
442	to read:
443	684.002  Applications for preliminary orders and conditions
444	for granting preliminary orders.-
445	(1)  Unless otherwise agreed by the parties, a party may,
446	without notice to any other party, make a request for an interim
447	measure together with an application for a preliminary order
448	prohibiting a party from frustrating the purpose of the interim
449	measure requested.
450	(2)  The arbitral tribunal may grant a preliminary order if
451	it considers that prior disclosure of the request for the
452	interim measure to the party against whom it is directed risks
453	frustrating the purpose of the measure.
454	(3)  The conditions described in s. 684.0019 apply to any
455	preliminary order if the harm assessed under s. 684.0019(1)(a)
456	is the harm likely to result from the order being granted or not
457	granted.
458	Section 21.  Section 684.0021, Florida Statutes, is created
459	to read:
460	684.0021  Specific regime for preliminary orders.-
461	(1)  Immediately after the arbitral tribunal makes a
462	determination in respect of an application for a preliminary
463	order, the arbitral tribunal shall give notice to all parties of
464	the request for the interim measure, the application for the
465	preliminary order, the preliminary order, if any, and all other
466	communications. The notice shall include a description of the
467	content of any oral communication between any party and the
468	arbitral tribunal in relation to any such request or
469	application.
470	(2)  At the same time, the arbitral tribunal shall give an
471	opportunity to any party against whom a preliminary order is
472	directed to present its case at the earliest practicable time.
473	(3)  The arbitral tribunal must decide promptly on any
474	objection to the preliminary order.
475	(4)  A preliminary order expires 20 days after the date on
476	which it was issued by the arbitral tribunal. However, the
477	arbitral tribunal may issue an interim measure adopting or
478	modifying the preliminary order after the party against whom the
479	preliminary order is directed is given notice and an opportunity
480	to present its case.
481	(5)  A preliminary order is binding on the parties but is
482	not enforceable by a court. Such a preliminary order does not
483	constitute an award.
484	Section 22.  Section 684.0022, Florida Statutes, is created
485	to read:
486	684.0022  Modification, suspension, or termination; interim
487	measure or preliminary order.-The arbitral tribunal may modify,
488	suspend, or terminate an interim measure or a preliminary order
489	it has granted upon application of any party or, in exceptional
490	circumstances and upon prior notice to the parties, on the
491	arbitral tribunal's own initiative.
492	Section 23.  Section 684.0023, Florida Statutes, is created
493	to read:
494	684.0023  Provision of security.-
495	(1)  The arbitral tribunal may require the party requesting
496	an interim measure to provide appropriate security in connection
497	with the measure.
498	(2)  The arbitral tribunal shall require the party applying
499	for a preliminary order to provide security in connection with
500	the order unless the arbitral tribunal considers it
501	inappropriate or unnecessary to do so.
502	Section 24.  Section 684.0024, Florida Statutes, is created
503	to read:
504	684.0024  Disclosure.-
505	(1)  The arbitral tribunal may require any party promptly
506	to disclose any material change in the circumstances on the
507	basis of which the interim measure was requested or granted.
508	(2)  The party applying for a preliminary order shall
509	disclose to the arbitral tribunal all circumstances that are
510	likely to be relevant to the arbitral tribunal's determination
511	whether to grant or maintain the order, and such obligation
512	continues until the party against whom the order has been
513	requested has had an opportunity to present its case.
514	Thereafter, subsection (1) applies.
515	Section 25.  Section 684.0025, Florida Statutes, is created
516	to read:
517	684.0025  Costs and damages.-The party requesting an
518	interim measure or applying for a preliminary order is liable
519	for any costs and damages caused by the measure or the order to
520	any party if the arbitral tribunal later determines that the
521	measure or the order should not have been granted. The arbitral
522	tribunal may award such costs and damages at any point during
523	the proceedings.
524	Section 26.  Section 684.0026, Florida Statutes, is created
525	to read:
526	684.0026  Recognition and enforcement.-
527	(1)  An interim measure issued by an arbitral tribunal
528	shall be recognized as binding and, unless otherwise provided by
529	the arbitral tribunal, enforced upon application to the
530	competent court, irrespective of the country in which it was
531	issued, subject to s. 684.0019(1).
532	(2)  The party who is seeking or has obtained recognition
533	or enforcement of an interim measure shall promptly inform the
534	court of the termination, suspension, or modification of the
535	interim measure.
536	(3)  The court where recognition or enforcement is sought
537	may, if it considers it proper, order the requesting party to
538	provide appropriate security if the arbitral tribunal has not
539	already made a determination with respect to security or if such
540	a decision is necessary to protect the rights of third parties.
541	Section 27.  Section 684.0027, Florida Statutes, is created
542	to read:
543	684.0027  Grounds for refusing recognition or enforcement.-
544	(1)  Recognition or enforcement of an interim measure may
545	be refused only:
546	(a)  At the request of the party against whom it is invoked
547	if the court is satisfied that:
548	1.  Such refusal is warranted on the grounds set forth in
549	s. 684.0048(1)(a)1., 2., 3., or 4.;
550	2.  The arbitral tribunal's decision with respect to the
551	provision of security in connection with the interim measure
552	issued by the arbitral tribunal has not been complied with; or
553	3.  The interim measure was terminated or suspended by the
554	arbitral tribunal or, if so empowered, by the court of the state
555	or country in which the arbitration takes place or under the law
556	of which that interim measure was granted; or
557	(b)  If the court finds that:
558	1.  The interim measure is incompatible with the powers
559	conferred upon the court, unless the court decides to
560	reformulate the interim measure to the extent necessary to adapt
561	it to its own powers and procedures for the purpose of enforcing
562	that interim measure and without modifying its substance; or
563	2.  Any of the grounds set forth in s. 684.0048(1)(b)1. or
564	2. apply to the recognition and enforcement of the interim
565	measure.
566	(2)  A determination made by the court on any ground in
567	subsection (1) is effective only for the purposes of the
568	application to recognize and enforce the interim measure. The
569	court may not in making that determination undertake a review of
570	the substance of the interim measure.
571	Section 28.  Section 684.0028, Florida Statutes, is created
572	to read:
573	684.0028  Court-ordered interim measures.-A court has the
574	same power of issuing an interim measure in relation to
575	arbitration proceedings, irrespective of whether the arbitration
576	proceedings are held in this state, as it has in relation to the
577	proceedings in courts. The court shall exercise such power in
578	accordance with its own procedures and in consideration of the
579	specific features of international arbitration.
580	Section 29.  Section 684.0029, Florida Statutes, is created
581	to read:
582	684.0029  Equal treatment of parties.-The parties shall be
583	treated with equality and each party shall be given a full
584	opportunity of presenting its case.
585	Section 30.  Section 684.003, Florida Statutes, is created
586	to read:
587	684.003  Determination of rules of procedure.-Subject to
588	the provisions of this chapter, the parties may agree on the
589	procedure to be followed by the arbitral tribunal in conducting
590	the proceedings. Failing such agreement, the arbitral tribunal
591	may, subject to the provisions of this chapter, conduct the
592	arbitration in such manner as it considers appropriate. The
593	power conferred upon the arbitral tribunal includes the power to
594	determine the admissibility, relevance, materiality, and weight
595	of evidence.
596	Section 31.  Section 684.0031, Florida Statutes, is created
597	to read:
598	684.0031  Place of arbitration.-
599	(1)  The parties may agree on the place of arbitration.
600	Failing such agreement, the place of arbitration shall be
601	determined by the arbitral tribunal having regard to the
602	circumstances of the case, including the convenience of the
603	parties.
604	(2)  Notwithstanding subsection (1), the arbitral tribunal
605	may, unless otherwise agreed by the parties, meet at any place
606	it considers appropriate for consultation among its members, for
607	hearing witnesses, experts, or the parties, or for inspection of
608	goods, other property, or documents.
609	Section 32.  Section 684.0032, Florida Statutes, is created
610	to read:
611	684.0032  Commencement of arbitral proceedings.-Unless
612	otherwise agreed by the parties, the arbitral proceedings in
613	respect of a particular dispute commence on the date on which a
614	request for that dispute to be referred to an arbitration is
615	received by the respondent.
616	Section 33.  Section 684.0033, Florida Statutes, is created
617	to read:
618	684.0033  Language.-
619	(1)  The parties may agree on the language or languages to
620	be used in the arbitral proceedings. Failing such agreement, the
621	arbitral tribunal shall specify the language or languages to be
622	used in the proceedings. This agreement or determination, unless
623	otherwise specified therein, applies to any written statement by
624	a party, any hearing, and any award, decision, or other
625	communication by the arbitral tribunal.
626	(2)  The arbitral tribunal may order that any documentary
627	evidence be accompanied by a translation into the language or
628	languages agreed upon by the parties or specified by the
629	arbitral tribunal.
630	Section 34.  Section 684.0034, Florida Statutes, is created
631	to read:
632	684.0034  Statements of claim and defense.-
633	(1)  Within the period of time agreed by the parties or
634	specified by the arbitral tribunal, the claimant shall state the
635	facts supporting its claim, the points at issue, and the relief
636	or remedy sought, and the respondent shall state its defense to
637	the claim, unless the parties have otherwise agreed as to the
638	required elements of such statements. The parties may submit
639	with their statements all documents they consider to be relevant
640	or may add a reference to the documents or other evidence they
641	will submit.
642	(2)  Unless otherwise agreed by the parties, either party
643	may amend or supplement its claim or defense during the course
644	of the arbitral proceedings, unless the arbitral tribunal
645	considers it inappropriate to allow such amendment having regard
646	to the delay in making it.
647	Section 35.  Section 684.0035, Florida Statutes, is created
648	to read:
649	684.0035  Hearings and written proceedings.-
650	(1)  Subject to any contrary agreement by the parties, the
651	arbitral tribunal shall decide whether to hold oral hearings for
652	the presentation of evidence or for oral argument, or whether
653	the proceedings shall be conducted on the basis of documents and
654	other materials. However, unless the parties have agreed that no
655	hearings will be held, the arbitral tribunal shall hold such
656	hearings at an appropriate stage of the proceedings, if so
657	requested by a party.
658	(2)  The parties shall be given sufficient advance notice
659	of any hearing and of any meeting of the arbitral tribunal for
660	the purposes of inspection of goods, other property, or
661	documents.
662	(3)  All statements, documents, or other information
663	supplied to the arbitral tribunal by one party shall be provided
664	to the other party. Also, any expert report or evidentiary
665	document on which the arbitral tribunal may rely in making its
666	decision shall be provided to the parties.
667	Section 36.  Section 684.0036, Florida Statutes, is created
668	to read:
669	684.0036  Default of a party.-Unless otherwise agreed by
670	the parties, if, without showing sufficient cause:
671	(1)  The claimant fails to provide its statement of claim
672	pursuant to s. 684.0034(1), the arbitral tribunal shall
673	terminate the proceedings.
674	(2)  The respondent fails to communicate its statement of
675	defense pursuant to s. 684.0034(1), the arbitral tribunal shall
676	continue the proceedings without treating such failure in itself
677	as an admission of the claimant's allegations.
678	(3)  A party fails to appear at a hearing or to produce
679	documentary evidence, the arbitral tribunal may continue the
680	proceedings and make the award on the evidence before it.
681	Section 37.  Section 684.0037, Florida Statutes, is created
682	to read:
683	684.0037  Expert appointed by arbitral tribunal.-
684	(1)  Unless otherwise agreed by the parties, the arbitral
685	tribunal may:
686	(a)  Appoint one or more experts to report to it on
687	specific issues to be determined by the arbitral tribunal.
688	(b)  Require a party to give the expert any relevant
689	information or produce or provide access to any relevant
690	documents, goods, or other property for inspection by the
691	expert.
692	(2)  Unless otherwise agreed by the parties, if a party so
693	requests or if the arbitral tribunal considers it necessary, the
694	expert shall, after delivery of a written or oral report,
695	participate in a hearing in which the parties have the
696	opportunity to question the expert and to present expert
697	witnesses in order to testify on the points at issue.
698	Section 38.  Section 684.0038, Florida Statutes, is created
699	to read:
700	684.0038  Court assistance in taking evidence.-The arbitral
701	tribunal, or a party upon the approval of the arbitral tribunal,
702	may request assistance in taking evidence from a competent court
703	of this state. The court may execute the request within its
704	competence and according to its rules on taking evidence.
705	Section 39.  Section 684.0039, Florida Statutes, is created
706	to read:
707	684.0039  Rules applicable to substance of dispute.-
708	(1)  The arbitral tribunal shall decide the dispute
709	pursuant to the rules of law chosen by the parties to apply to
710	the substance of the dispute. Any designation of the law or
711	legal system of a state or country shall be construed, unless
712	otherwise expressed, as directly referring to the substantive
713	law of that state or country and not to its conflict-of-laws
714	rule.
715	(2)  Failing any designation by the parties, the arbitral
716	tribunal shall apply the law determined by the conflict-of-laws
717	rules that it considers applicable.
718	(3)  The arbitral tribunal shall decide ex aequo et bono or
719	as amiable compositeur, only if the parties have expressly
720	authorized it to do so.
721	(4)  In all cases, the arbitral tribunal shall decide in
722	accordance with the terms of the contract and shall take into
723	account the usages of the trade which apply to the transaction.
724	Section 40.  Section 684.004, Florida Statutes, is created
725	to read:
726	684.004  Decisionmaking by panel of arbitrators.-In
727	arbitral proceedings having more than one arbitrator, any
728	decision of the arbitral tribunal shall be made, unless
729	otherwise agreed by the parties, by a majority of all its
730	members. However, questions of procedure may be decided by a
731	presiding arbitrator, if so authorized by the parties or all
732	members of the arbitral tribunal.
733	Section 41.  Section 684.0041, Florida Statutes, is created
734	to read:
735	684.0041  Settlement.-
736	(1)  If, during arbitral proceedings, the parties settle
737	the dispute, the arbitral tribunal shall terminate the
738	proceedings and, if requested by the parties and not objected to
739	by the arbitral tribunal, record the settlement in the form of
740	an arbitral award on agreed terms.
741	(2)  An award on agreed terms shall be made pursuant to s.
742	684.0042 and shall state that it is an award. Such an award has
743	the same status and effect as any other award on the merits of
744	the case.
745	Section 42.  Section 684.0042, Florida Statutes, is created
746	to read:
747	684.0042  Form and contents of award.-
748	(1)  The award shall be made in writing and shall be signed
749	by the arbitrator or arbitrators. In arbitral proceedings having
750	more than one arbitrator, the signatures of the majority of all
751	members of the arbitral tribunal shall suffice, if the reason
752	for any omitted signature is stated.
753	(2)  The award shall state the reasons upon which it is
754	based, unless the parties have agreed that no reasons are to be
755	given or the award is an award on agreed terms under s.
756	684.0041.
757	(3)  The award shall state its date and the place of
758	arbitration as determined pursuant to s. 684.0031(1). The award
759	shall be deemed to have been made at that place.
760	(4)  After the award is made, a copy signed by the
761	arbitrators pursuant to subsection (1) shall be delivered to
762	each party.
763	Section 43.  Section 684.0043, Florida Statutes, is created
764	to read:
765	684.0043  Termination of proceedings.-
766	(1)  Arbitral proceedings are terminated by the final award
767	or by an order of the arbitral tribunal pursuant to subsection
768	(2).
769	(2)  The arbitral tribunal shall issue an order for the
770	termination of the arbitral proceedings when:
771	(a)  The claimant withdraws its claim, unless the
772	respondent objects to the withdrawal of the claim and the
773	arbitral tribunal recognizes that the respondent has a
774	legitimate interest in obtaining a final settlement of the
775	dispute;
776	(b)  The parties agree on the termination of the
777	proceedings; or
778	(c)  The arbitral tribunal finds that the continuation of
779	the proceedings has for any other reason become unnecessary or
780	impossible.
781	(3)  The mandate of the arbitral tribunal terminates with
782	the termination of the arbitral proceedings, subject to ss.
783	684.0044 and 684.0046(4).
784	Section 44.  Section 684.0044, Florida Statutes, is created
785	to read:
786	684.0044  Correction and interpretation of award;
787	additional award.-
788	(1)(a)  Within 30 days after receipt of the award, unless
789	another period of time has been agreed upon by the parties:
790	1.  A party, with notice to the other party, may request
791	the arbitral tribunal to correct in the award any errors in
792	computation, any clerical or typographical errors, or any errors
793	of similar nature.
794	2.  If so agreed by the parties, a party, with notice to
795	the other party, may request the arbitral tribunal to give an
796	interpretation of a specific point or part of the award.
797	(b)  If the arbitral tribunal considers the request to be
798	justified, it shall make the correction or give the
799	interpretation within 30 days after the request. The
800	interpretation becomes part of the award.
801	(2)  The arbitral tribunal may correct any error described
802	in subparagraph (1)(a)1. on its own initiative within 30 days
803	after the date of the award.
804	(3)  Unless otherwise agreed by the parties, a party, with
805	notice to the other party, may request, within 30 days after the
806	receipt of the award, the arbitral tribunal to make an
807	additional award as to claims presented in the arbitral
808	proceedings but omitted from the award. If the arbitral tribunal
809	considers the request to be justified, it shall make the
810	additional award within 60 days.
811	(4)  The arbitral tribunal may extend, if necessary, the
812	period of time within which it shall make a correction,
813	interpretation, or additional award pursuant to subsection (1)
814	or subsection (3).
815	(5)  Section 684.0042, specifying the form and contents of
816	an award, applies to a correction or interpretation of the award
817	or to an additional award.
818	Section 45.  Section 684.0045, Florida Statutes, is created
819	to read:
820	684.0045  Immunity for arbitrators.-An arbitrator serving
821	under this chapter shall have judicial immunity in the same
822	manner and to the same extent as a judge.
823	Section 46.  Section 684.0046, Florida Statutes, is created
824	to read:
825	684.0046  Application to set aside as exclusive recourse
826	against arbitral award.-
827	(1)  Recourse to a court against an arbitral award may be
828	made only by an application to set aside an arbitral award
829	pursuant to subsections (2) and (3).
830	(2)  An arbitral award may be set aside by the court
831	specified in s. 684.0008 only if:
832	(a)  The party making the application furnishes proof that:
833	1.  A party to the arbitration agreement defined in s.
834	684.0003(1)(c) was under some incapacity or the arbitration
835	agreement is not valid under the law to which the parties have
836	subjected it or, failing any indication thereon, under the law
837	of this state;
838	2.  The party making the application was not given proper
839	notice of the appointment of an arbitrator or of the arbitral
840	proceedings or was otherwise unable to present its case;
841	3.  The award deals with a dispute not contemplated by or
842	not falling within the terms of the submissions to arbitration,
843	or contains decisions on matters beyond the scope of the
844	submission to arbitration. However, if the decisions on matters
845	submitted to arbitration can be separated from those not so
846	submitted, only that part of the award which contains decisions
847	on matters not submitted to arbitration may be set aside; or
848	4.  The composition of the arbitral tribunal or the
849	arbitral procedure was not in accordance with the agreement of
850	the parties, unless such agreement was in conflict with a
851	provision of this chapter from which the parties may not
852	derogate, or, failing such agreement, was not in accordance with
853	this chapter; or
854	(b)  The court finds that:
855	1.  The subject matter of the dispute is not capable of
856	settlement by arbitration under the law of this state; or
857	2.  The award is in conflict with the public policy of this
858	state.
859	(3)  An application to set aside an arbitral award may not
860	be made after 3 months have elapsed after the date on which the
861	party making that application receives the award or, if a
862	request had been made under s. 684.0044, after the date on which
863	that request had been disposed of by the arbitral tribunal.
864	(4)  The court, when asked to set aside an award, may, if
865	appropriate and so requested by a party, suspend the proceedings
866	to set aside the award for a period of time determined by it in
867	order to give the arbitral tribunal an opportunity to resume the
868	arbitral proceedings or to take such other action as in the
869	arbitral tribunal's opinion will eliminate the grounds to set
870	aside the award.
871	Section 47.  Section 684.0047, Florida Statutes, is created
872	to read:
873	684.0047  Recognition and enforcement.-
874	(1)  An arbitral award, irrespective of the country in
875	which it was made, shall be recognized as binding and, upon
876	application in writing to the competent court, shall be enforced
877	subject to this section and s. 684.0048.
878	(2)  The party relying on an award or applying for its
879	enforcement shall supply the original or copy of the award. If
880	the award is not made in the English language, the court may
881	request the party to supply a translation of the award.
882	Section 48.  Section 684.0048, Florida Statutes, is created
883	to read:
884	684.0048  Grounds for refusing recognition or enforcement.-
885	(1)  Recognition or enforcement of an arbitral award,
886	irrespective of the country in which it was made, may be refused
887	only:
888	(a)  At the request of the party against whom it is
889	invoked, if that party furnishes to the competent court where
890	recognition or enforcement is sought proof that:
891	1.  A party to the arbitration agreement defined in s.
892	684.0003(1)(c) was under some incapacity or the arbitration
893	agreement is not valid under the law to which the parties have
894	subjected it or, failing any indication thereon, under the law
895	of the country where the award was made;
896	2.  The party against whom the award is invoked was not
897	given proper notice of the appointment of an arbitrator or of
898	the arbitral proceedings or was otherwise unable to present its
899	case;
900	3.  The award deals with a dispute not contemplated by or
901	not falling within the terms of the submission to arbitration,
902	or it contains decisions on matters beyond the scope of the
903	submission to arbitration. However, if the decisions on matters
904	submitted to arbitration can be separated from those not so
905	submitted, that part of the award which contains decisions on
906	matters submitted to arbitration may be recognized and enforced;
907	4.  The composition of the arbitral tribunal or the
908	arbitral procedure was not in accordance with the agreement of
909	the parties or, failing such agreement, was not in accordance
910	with the law of the country where the arbitration took place; or
911	5.  The award has not yet become binding on the parties or
912	has been set aside or suspended by a court of the country in
913	which, or under the law of which, that award was made; or
914	(b)  If the court finds that:
915	1.  The subject matter of the dispute is not capable of
916	settlement by arbitration under the laws of this state; or
917	2.  The recognition or enforcement of the award would be
918	contrary to the public policy of this state.
919	(2)  If an application for setting aside or suspension of
920	an award has been made to a court referenced in subparagraph
921	(1)(a)5., the court where recognition or enforcement is sought
922	may, if it considers it proper, adjourn its decision and may
923	also, on the application of the party claiming recognition or
924	enforcement of the award, order the other party to provide
925	appropriate security.
926	Section 49.  Parts I, II, and III of chapter 684, Florida
927	Statutes, consisting of sections 684.01, 684.02, 684.03, 684.04,
928	684.05, 684.06, 684.07, 684.08, 684.09, 684.10, 684.11, 684.12,
929	684.13, 684.14, 684.15, 684.16, 684.17, 684.18, 684.19, 684.20,
930	684.21, 684.22, 684.23, 684.24, 684.25, 684.26, 684.27, 684.28,
931	684.29, 684.30, 684.31, 684.32, 684.33, 684.34, and 684.35, are
932	repealed.
933	Section 50.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.