Terms Used In This Law

  • arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. Florida Statutes 682.011
  • contract: A legal written agreement that becomes binding when signed.
  • court: means a court of competent jurisdiction in this state. Florida Statutes 682.011
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Florida Statutes 682.011

(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.(2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.(5) This section also applies to written interlocal agreements under ss. 163.01 and 373.713 in which two or more parties agree to submit to arbitration any controversy between them concerning water use permit applications and other matters, regardless of whether or not the water management district with jurisdiction over the subject application is a party to the interlocal agreement or a participant in the arbitration.