682.041

Disclosure by arbitrator.

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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.

Notes of Decisions

Cited in 3 cases, 2015–2017 · leading case: Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore

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Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore (2015) fladistctapp · cites it 14× “§ 682.041, Fla. Stat. (2013) (emphasis added).”

Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Co. (2017) fladistctapp · cites it 4× “Under Florida law, section 682.041, Florida Statutes (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.”

MANAGED CARE INS. CONSULTANTS v. UNITED HEALTHCARE INS. CO. (2017) fladistctapp · cites it 3× “Under Florida law, section 682.041, Fla. Stat. (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.”

— 682.041(1) — 2 cases

Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Co. (2017) fladistctapp “Under Florida law, section 682.041, Florida Statutes (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.”

MANAGED CARE INS. CONSULTANTS v. UNITED HEALTHCARE INS. CO. (2017) fladistctapp “Under Florida law, section 682.041, Fla. Stat. (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.”

— 682.041(4) — 1 case

Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore (2015) fladistctapp “§ 682.041, Fla. Stat. (2013) (emphasis added).”

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