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Florida Statute 682.41 - Full Text and Legal Analysis
Florida Statute 682.041 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 682
ARBITRATION CODE
View Entire Chapter
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 CourtListener

Amendments to 682.041


Annotations, Discussions, Cases:

Cases Citing Statute 682.041

Total Results: 3

Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore

169 So. 3d 1265, 2015 Fla. App. LEXIS 11399

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679158

Cited 2 times | Published

applied to those proceedings as well. Under section 682.041, Florida Statutes, an arbitrator has an affirmative

Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Co.

228 So. 3d 588, 2017 WL 4417735

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163548

Published

a conflict exists. Under Florida law, section 682.041, Florida Statutes (2015), requires that an

MANAGED CARE INS. CONSULTANTS v. UNITED HEALTHCARE INS. CO.

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122336

Published

a conflict exists. Under Florida law, section 682.041, Fla. Stat. (2015), requires that an arbitrator