The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

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F.S. 682.041

682.041 Disclosure by arbitrator.—

(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.

F.S. 682.041 on Google Scholar

F.S. 682.041 on Casetext

Amendments to 682.041

Arrestable Offenses / Crimes under Fla. Stat. 682.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 682.041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MANAGED CARE INSURANCE CONSULTANTS, INC. v. UNITED HEALTHCARE INSURANCE COMPANY, 228 So. 3d 588 (Fla. Dist. Ct. App. 2017)

. . . Under Florida law, section 682.041, Florida Statutes (2015), requires that an arbitrator disclose any . . . consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.]” § 682.041 . . .

PUBLIX SUPERMARKETS, INC. v. CONTE, L., 169 So. 3d 1265 (Fla. Dist. Ct. App. 2015)

. . . Under section 682.041, Florida Statutes, an arbitrator has an affirmative obligation to disclose to the . . . subsection (2), upon timely objection by a party, the court may vacate an award under s.682.13(l)(b). § 682.041 . . . Therefore, pursuant to section 682.041, it appears clear that the neutral arbitrator was required to . . . My concurrence with the majority decision also rests on the fact that the language of section 682.041 . . . may vacate an award” where an arbitrator fails to disclose a fact, as opposed to “shall vacate.” § 682.041 . . .