Page 115 - Akerman | 2016 Guide to Doing Business in Florida

The Florida Supreme Court has promulgated a separate set of Rules for Court-Appointed
Arbitrators which, like the rules for mediators, include arbitrator qualifications, standards of
professional conduct, and disciplinary rules (Fla. R. Arb. 11.010-11.130).
A great number of the arbitrations commenced in Florida are conducted under the rules and
procedures of the American Arbitration Association (“AAA”) or another arbitration organization,
primarily because most contracts containing provisions for the arbitration of disputes so specify.
In such instances, resort to the Florida courts, laws, and procedures is typically had only for the
entry of a judgment on the award.

11.3.3 International Commercial Arbitration
The Florida International Commercial Arbitration Act (the “Act”) was enacted in 2010, putting
Florida at the forefront of international commerce and arbitration. This Act is contained in
Chapter 684 of the Florida Statutes. It is based on the United Nations Model International
Commercial Arbitration Act promulgated by the United Nations Commission on International
Trade Law (“UNCITRAL”). The UNCITRAL Model Act has been widely adopted internationally
and is well understood by the international legal community. Florida is one of only seven states
to have enacted the Model Act in the United States.
Pursuant to this law, parties to an international business dispute may arbitrate in Florida when
there is a written agreement providing for arbitration in Florida (§ 684.0002, 684.0049). Among
the many features of the Act are the recognition and enforcement of awards, including the
equal treatment of all awards regardless of the country of origin (§ 684.0047). The Act also
reduces the risks of international litigation by authorizing the arbitrators to rule on their own
jurisdiction (§ 684.0017), and provides them the power to enter interim measures and
preliminary orders (§§ 684.0018-684.0028).

In 2013, the circuit court in Miami, Florida, created the International Commercial Arbitration
Court to hear issues arising under the Federal Arbitration Act and the Florida International
Commercial Arbitration Act. Under both statutes, the judicial role is quite restricted. Miami’s
International Commercial Arbitration Court is one of the few such courts in the United States.

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