The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

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F.S. 682.031

682.031 Provisional remedies.—

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(2) After an arbitrator is appointed and is authorized and able to act:

(a) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(3) A party does not waive a right of arbitration by making a motion under this section.

(4) If an arbitrator awards a provisional remedy for injunctive or equitable relief, the arbitrator shall state in the award the factual findings and legal basis for the award.

(5) A party may seek to confirm or vacate a provisional remedy award for injunctive or equitable relief under s. 682.081.

History.—s. 9, ch. 2013-232.

F.S. 682.031 on Google Scholar

F.S. 682.031 on Casetext

Amendments to 682.031

Arrestable Offenses / Crimes under Fla. Stat. 682.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 682.031.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SEA VAULT PARTNERS, LLC, v. BERMELLO, AJAMIL PARTNERS, INC,, 274 So. 3d 473 (Fla. App. Ct. 2019)

. . . In so doing, the trial court concluded it had jurisdiction pursuant to sections 682.015 and 682.031, . . . Finally, the trial court's reliance on sections 682.015 and 682.031 was misplaced. . . . Section 682.031 is entitled "Provisional remedies" and provides as follows: (1) Before an arbitrator . . . and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy." § 682.031 . . . Based on a plain reading of the statute, section 682.031(2)(b) does not confer jurisdiction on the trial . . .

GENERAL ELECTRIC CAPITAL CORPORATION, v. BIO- MASS TECH, INC., 136 So. 3d 698 (Fla. Dist. Ct. App. 2014)

. . . Bio-Mass filed a notice of supplemental authority, citing to section 682.031, Florida Statutes (2013) . . . Even if section 682.031 were to apply to this case, subsection (2)(a) confirms that an arbitrator may . . .