(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding, including:
(a) A financial or personal interest in the outcome of the arbitration proceeding.
(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representative, a witness, or another arbitrator.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3) If an arbitrator discloses a fact required by subsection (1) or subsection (2) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under s. 682.13(1)(b) for vacating an award made by the arbitrator.
(4) If the arbitrator did not disclose a fact as required by subsection (1) or subsection (2), upon timely objection by a party, the court may vacate an award under s. 682.13(1)(b).
(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under s. 682.13(1)(b).
(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under s. 682.13(1)(b).
History.—s. 13, ch. 2013-232.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 682 - Arbitration Code
682.013 - Applicability of Revised Code.
682.014 - Effect of Agreement to Arbitrate; Nonwaivable Provisions.
682.015 - Petition for Judicial Relief.
682.02 - Arbitration Agreements Made Valid, Irrevocable, and Enforceable; Scope.
682.03 - Proceedings to Compel and to Stay Arbitration.
682.031 - Provisional Remedies.
682.032 - Initiation of Arbitration.
682.033 - Consolidation of Separate Arbitration Proceedings.
682.04 - Appointment of Arbitrators by Court.
682.041 - Disclosure by Arbitrator.
682.05 - Majority Action by Arbitrators.
682.051 - Immunity of Arbitrator; Competency to Testify; Attorney Fees and Costs.
682.07 - Representation by Attorney.
682.08 - Witnesses, Subpoenas, Depositions.
682.081 - Judicial Enforcement of Preaward Ruling by Arbitrator.
682.10 - Change of Award by Arbitrators.
682.11 - Remedies; Fees and Expenses of Arbitration Proceeding.
682.12 - Confirmation of an Award.
682.14 - Modification or Correction of Award.
682.15 - Judgment or Decree on Award.
682.23 - Relationship to Electronic Signatures in Global and National Commerce Act.