International Commercial Arbitration Act – Part 2

The first part of this article covered who is to receive the actual service of process when it’s related to the Florida International Commercial Arbitration Act. In the second part of the article, we’ll take a look at how to actually go about it.

First of all, the service needs to include a copy of the application to the court as well as any necessary attachments. When it comes time for the actual service it can be…

• In some way that has been mutually agreed upon by the two parties
• If service is within the state, either the county sheriff or someone else duly designated by the state can serve
• If service is out of state then some authorized to perform service or process in that jurisdiction (generally a county sheriff)
• Other jurisdictions may have additional laws governing service of process; in that case, those laws are to be followed for whatever jurisdiction they cover

There are also some other special conditions:

• If the United States is one of the parties, then any applicable treaties may need to be taken into account when serving
• If circumstances warrant special conditions set by the court, then those conditions will need to be followed when serving
• Mail that requires a signed receipt may also be used by the clerk of court to the party being served
• If the individual, party or their agent is not available for service, “constructive service of process” may be needed by posting in newspapers or other publications

In closing, no court order is needed for service outside the state, so long as acceptable documented proof of service is provided to the court that service has been made.

48.196 Service of process in connection with actions under the Florida International Commercial Arbitration Act.—

(1) Any process in connection with the commencement of an action before the courts of this state under chapter 684, the Florida International Commercial Arbitration Act, shall be served:

(a) In the case of a natural person, by service upon:

1. That person;

2. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state; or

3. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person.

(b) In the case of any person other than a natural person, by service upon:

1. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state;

2. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person; or

3. Any person, whether natural or otherwise and wherever located, who by operation of law or internal action is an officer, business agent, director, general partner, or managing agent or director of the person being served; or

4. Any partner, joint venturer, member or controlling shareholder, wherever located, of the person being served, if the person being served does not by law or internal action have any officer, business agent, director, general partner, or managing agent or director.

(2) The process served under subsection (1) shall include a copy of the application to the court together with all attachments thereto and shall be served in the following manner:

(a) In any manner agreed upon, whether service occurs within or without this state;

(b) If service is within this state:

1. In the manner provided in ss. 48.021 and 48.031, or

2. If applicable under their terms, in the manner provided in ss. 48.161, 48.183, 48.23, or chapter 49; or

(c) If service is outside this state:

1. By personal service by any person authorized to serve process in the jurisdiction where service is being made or by any person appointed to do so by any competent court in that jurisdiction;

2. In any other manner prescribed by the laws of the jurisdiction where service is being made for service in an action before a local court of competent jurisdiction;

3. In the manner provided in any applicable treaty to which the United States is a party;

4. In the manner prescribed by order of the court;

5. By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the person being served; or

6. If applicable, in the manner provided in chapter 49.

(3) No order of the court is required for service of process outside this state. The person serving process shall make proof of service to the court by affidavit or as prescribed by the law of the jurisdiction where process is being served or as prescribed in an order of the court. Such proof shall be made prior to expiration of the time within which the person served must respond. If service is by mail, the proof of service shall state the date and place of mailing and shall include a receipt signed by the addressee or other evidence of delivery satisfactory to the court.