(1) The party requesting an interim measure under s. 684.0018 shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
(b) A reasonable possibility exists that the requesting party will succeed on the merits of the claim. The determination on this possibility does not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under s. 684.0018(4), the requirements in subsection (1) apply only to the extent the arbitral tribunal considers appropriate.
History.—s. 20, ch. 2010-60; s. 5, ch. 2013-164.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 684 - International Commercial Arbitration
684.0002 - Scope of Application.
684.0003 - Definitions and Rules of Interpretation.
684.0004 - International Origin and General Principles.
684.0005 - Receipt of Written Communications.
684.0006 - Waiver of Right to Object.
684.0007 - Extent of Court Intervention.
684.0008 - Court for Certain Functions of Arbitration Assistance and Supervision.
684.0009 - Arbitration Agreement and Substantive Claim Before Court.
684.001 - Arbitration Agreement and Interim Measures by a Court.
684.0011 - Number of Arbitrators.
684.0012 - Appointment of Arbitrators.
684.0013 - Grounds for Challenge.
684.0014 - Challenge Procedure.
684.0015 - Failure or Impossibility to Act.
684.0016 - Appointment of Substitute Arbitrator.
684.0017 - Competence of Arbitral Tribunal to Rule on Its Jurisdiction.
684.0018 - Power of Arbitral Tribunal to Order Interim Measures.
684.0019 - Conditions for Granting Interim Measures.
684.002 - Applications for Preliminary Orders and Conditions for Granting Preliminary Orders.
684.0021 - Specific Regime for Preliminary Orders.
684.0022 - Modification, Suspension, or Termination; Interim Measure or Preliminary Order.
684.0023 - Provision of Security.
684.0026 - Recognition and Enforcement.
684.0027 - Grounds for Refusing Recognition or Enforcement.
684.0028 - Court-Ordered Interim Measures.
684.0029 - Equal Treatment of Parties.
684.003 - Determination of Rules of Procedure.
684.0031 - Place of Arbitration.
684.0032 - Commencement of Arbitral Proceedings.
684.0034 - Statements of Claim and Defense.
684.0035 - Hearings and Written Proceedings.
684.0036 - Default of a Party.
684.0037 - Expert Appointed by Arbitral Tribunal.
684.0038 - Court Assistance in Taking Evidence.
684.0039 - Rules Applicable to Substance of Dispute.
684.004 - Decisionmaking by Panel of Arbitrators.
684.0042 - Form and Contents of Award.
684.0043 - Termination of Proceedings.
684.0044 - Correction and Interpretation of Award; Additional Award.
684.0045 - Immunity for Arbitrators.
684.0046 - Application to Set Aside as Exclusive Recourse Against Arbitral Award.
684.0047 - Recognition and Enforcement.