– The Florida Arbitration Code was amended in 2013 and is now known as the Revised Florida Arbitration Code (RFAC).
– RFAC applies to agreements to arbitrate made on or after July 1, 2013, and older agreements may be subject to RFAC if all parties consent.
– Beginning July 1, 2016, all agreements to arbitrate will be subject to RFAC.
– RFAC applies to agreements where interstate commerce is not involved, and disputes involving child custody, visitation, or child support are not covered.
– Arbitration is an alternative dispute resolution process where parties submit the dispute to impartial persons for a final decision, and RFAC aims to provide a faster and more cost-effective approach to dispute resolution.
– RFAC recognizes non-traditional forms of arbitration agreements, such as those created by email or stored electronically, to accommodate the growing use of electronic communication in business relationships. – A party to an arbitration agreement cannot waive the right to judicial relief, the right to a provisional remedy, jurisdiction of the courts, the right to appeal, the right to notice, the right to disclosure, or the right to an attorney.
– Courts and arbitrators have the ability to grant provisional remedies, such as injunctions, pending arbitration if certain requirements are met.
– Courts can consolidate separate arbitration proceedings if there is commonality between the parties, common issues of law or fact, the claims arise from the same transaction or series of related transactions, and the prejudice from not consolidating is not outweighed by the prejudice to the parties opposing consolidation. 1. Arbitrators in Florida must disclose any facts that could affect their impartiality, such as financial interests or relationships with parties or their representatives.
2. Arbitrators have the power to summarily dispose of claims or issues in an arbitration proceeding, allowing for faster and less expensive dispute resolution.
3. However, parties must still be given notice and an opportunity to be heard before any dispositive motion is granted. – Arbitrators can award punitive damages and sanctions for violations.
– Arbitrators can award reasonable attorneys’ fees if authorized by law or the agreement of the parties.
– Once a party receives an award in arbitration, they can make a motion with the court to confirm the award.
https://www.jimersonfirm.com/blog/2015/04/floridas-revised-arbitration-code/
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