Florida Statute 682.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

View Entire Chapter

682.041 Disclosure by arbitrator.—

(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding, including:

(a) A financial or personal interest in the outcome of the arbitration proceeding.

(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representative, a witness, or another arbitrator.

(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(3) If an arbitrator discloses a fact required by subsection (1) or subsection (2) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under s. 682.13(1)(b) for vacating an award made by the arbitrator.

(4) If the arbitrator did not disclose a fact as required by subsection (1) or subsection (2), upon timely objection by a party, the court may vacate an award under s. 682.13(1)(b).

(5) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under s. 682.13(1)(b).

(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under s. 682.13(1)(b).

History.—s. 13, ch. 2013-232.

F.S. 682.041 on Google Scholar

F.S. 682.041 on CourtListener

Amendments to 682.041

Annotations, Discussions, Cases:

Cases Citing Statute 682.041

Total Results: 3 | Sort by: Relevance | Newest First

Copy

Publix Supermarkets, Inc. v. Faith Conte, as Pers. Rep. of the Est. of Susan L. Moore, 169 So. 3d 1265 (Fla. 4th DCA 2015).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11399

...pursuant to chapter 44.” Fla. R. Arb. 11.030(a). 4 Even though the parties agreed to arbitrate pursuant to Chapter 44, the provisions of Chapter 682 nonetheless applied to those proceedings as well. Under section 682.041, Florida Statutes, an arbitrator has an affirmative obligation to disclose to the parties an existing or past relationship with another arbitrator involved in the arbitration: (1) Before accepting appointment, an individual...

...682.13(1)(b) for vacating an award made by the arbitrator. (4) If the arbitrator did not disclose a fact as required by subsection (1) or subsection (2), upon timely objection by a party, the court may vacate an award under s. 682.13(1)(b). § 682.041, Fla. Stat. (2013) (emphasis added). Therefore, pursuant to section 682.041, it appears clear that the neutral arbitrator was required to disclose his relationship with the plaintiff arbitrator prior to accepting the appointment....

...At most, Publix established the “‘mere appearance’ of bias that was remote, uncertain, and speculative,” id., but was not enough to establish evident partiality. My concurrence with the majority decision also rests on the fact that the language of section 682.041(4) allows for the trial court to exercise its discretion in these matters, as it states “the court may vacate an award” where an arbitrator fails to disclose a fact, as opposed to “shall vacate.” § 682.041(4)....

Copy

Managed Care Ins. Consultants, Inc. v. United Healthcare Ins. Co., 228 So. 3d 588 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 WL 4417735

...We do not believe that the arbitrator is compelled to disbelieve the information she is given by her husband and investigate further. We are not even sure that the arbitrator would have the ability to probe the corporate business to determine whether a conflict exists. Under Florida law, section 682.041, Florida Statutes (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.]” § 682.041(1), Fla....

Copy

Managed Care Ins. Consultants v. United Healthcare Ins. Co. (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal

...We do not believe that the arbitrator is compelled to disbelieve the information she is given by her husband and investigate further. We are not even sure that the arbitrator would have the ability to probe the corporate business to determine whether a conflict exists. Under Florida law, section 682.041, Fla. Stat. (2015), requires that an arbitrator disclose any “known facts that a reasonable person would consider likely to affect the person’s impartiality as an arbitrator in the arbitration proceeding[.]” § 682.041(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.