Florida - Chapter 5 - Interim Measures in the United States in Aid of Arbitration
M. Cristina Cardenas focuses her practice on international arbitration and complex commercial litigation. She is a native Spanish speaker and has experience representing clients in a variety of complex international arbitrations and business disputes. Ms. Cardenas has served as counsel, both in Spanish and in English, before many of the most important arbitral institutions, including the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), and the Inter-American Commercial Arbitration Commission (IACAC). She also coordinates and oversees work of local counsel in connection with litigation proceedings in Latin America.
Edward M. Mullins focuses his practice on international commercial litigation and arbitration in which he is board-certified by the Florida Bar. He brings wide experience in litigating and arbitrating disputes involving various issues, including distribution agreements, joint venture agreements, and energy and construction disputes, and he has handled numerous investor-state arbitral disputes. In addition, Edward Mullins serves as an arbitrator, and is a member of the commercial panel of arbitrators for the American Arbitration Association and a fellow of the Chartered Institute of Arbitrators.
Christina Olivos is a litigator and focuses her practice on complex commercial litigation. Her experience includes product liability, employment, financial services, and international litigation. A graduate of the University of Virginia School of Law, Ms. Olivos was recently recognized in Best Lawyers’ inaugural “Ones to Watch” list in the area of Alternative Dispute Resolution.
Originally from Interim Measures in the United States in Aid of Arbitration
RELIEF PROVIDED BY COURTS
Because the United States is a federal system, arbitration legislation exists at both the federal and state level. The Florida Statutes contain two chapters governing commercial arbitration: The Revised Florida Arbitration Code, Chapter 682, Florida Statutes (“Chapter 682”), and the Florida International Commercial Arbitration Act, Chapter 684, Florida Statutes, which is based on the UNCITRAL model law (“Chapter 684”).
Chapter 684 of the Florida Statutes will apply to international arbitrations, which include arbitrations where:
(a) the parties to the arbitration agreement have their places of business in different countries; or
(b) one of the following is situated outside the country in which the parties have their places of business:
(i) the place of arbitration if determined pursuant to the arbitration agreement or
(ii) any place where a substantial part of the obligations are to be performed or the place with which the subject matter of the dispute is most closely connected; or
(c) the parties expressly agree that the subject matter of the agreement relates to more than one country. § 684.0002, Fla. Stat.
1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?
Yes, courts are authorized to issue orders of attachment, injunctions and other provisional orders in connection with arbitration proceedings. § 682.031, Fla. Stat.; § 684.0028, Fla. Stat.
(a) If so, please describe the nature of any such provisional relief that is available.
Pursuant to Chapter 682, prior to the appointment of an arbitrator, upon the motion of a party to the arbitration and for good cause shown, a court may enter an order for provisional remedies to the same extent and subject to the same conditions as if the controversy were the subject of a civil suit. § 682.031(1), Fla. Stat.
Pursuant to Chapter 684, a court has the same power of issuing an interim measure in relation to arbitration proceedings as it has in relation to the proceedings in courts. § 684.0028, Fla. Stat.