Florida Statute 684.0017 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 684
INTERNATIONAL COMMERCIAL ARBITRATION

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F.S. 684.0017

684.0017 Competence of arbitral tribunal to rule on its jurisdiction.—

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is not valid does not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction must be raised not later than the submission of the statement of defense. A party is not precluded from raising such a plea by the fact that the party appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority must be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referenced in subsection (2) as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within 30 days after receiving notice of that ruling, that the court specified in s. 684.0008 decide the matter. The decision of the court is not appealable. While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

History.—s. 18, ch. 2010-60.

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Amendments to 684.0017

Arrestable Offenses / Crimes under Fla. Stat. 684.0017

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 684.0017.

Annotations, Discussions, Cases:

Cases Citing Statute 684.0017

Total Results: 3

City of Pompano Beach v. Capalbo

Court: District Court of Appeal of Florida | Date Filed: 1984-08-08

Citation: 455 So. 2d 468, 9 Fla. L. Weekly 1716, 1984 Fla. App. LEXIS 14607

Snippet: Regents, 385 U.S. 589, 603-604, 87 S.Ct. 675, 683-684, 17 L.Ed.2d 629 (1967). Colautti v. Franklin, 439 U

Continental Casualty Co. v. Krauss Air Conditioning, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1966-03-11

Citation: 184 So. 2d 485, 1966 Fla. App. LEXIS 5685

Snippet: sum of $54,734.80 plus interest in the sum of $684.-17. The day after the jury verdict the plaintiff moved

Knott v. Morris, as Successor Trustee

Court: Supreme Court of Florida | Date Filed: 1931-03-28

Citation: 134 So. 615, 101 Fla. 1299

Snippet: Fed. (2nd.) 209; Bushnell vs. Leland, 164 U.S. 684, 17 Sup. Ct. Rep. 209, 41 L.Ed. 598; Earle vs. Commonwealth