Florida Statute 684.0039 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 684
INTERNATIONAL COMMERCIAL ARBITRATION

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F.S. 684.0039

684.0039 Rules applicable to substance of dispute.—

(1) The arbitral tribunal shall decide the dispute pursuant to the rules of law chosen by the parties to apply to the substance of the dispute. Any designation of the law or legal system of a state or country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state or country and not to its conflict-of-laws rule.

(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict-of-laws rules that it considers applicable.

(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, only if the parties have expressly authorized it to do so.

(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade which apply to the transaction.

History.—s. 40, ch. 2010-60.

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Amendments to 684.0039

Arrestable Offenses / Crimes under Fla. Stat. 684.0039

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 684.0039.

Annotations, Discussions, Cases:

Cases Citing Statute 684.0039

Total Results: 1

Franklin v. Patterson-Franklin

Court: District Court of Appeal of Florida | Date Filed: 2012-10-10

Citation: 98 So. 3d 732, 2012 WL 4798779, 2012 Fla. App. LEXIS 17357

Snippet: Former Husband then divided by two, arriving at $55,684.39. After deducting the credit for his excess marital