Ohio Revised Code Search
Section |
---|
Section 2712.11 | Intervention by court.
...(A) In matters governed by this chapter, no court shall intervene except as provided in this chapter or in applicable federal law. (B) The functions of a court referred to in this chapter shall be performed by the court of common pleas of the county in which the arbitration is located, except that the functions referred to in section 2712.13 of the Revised Code shall be performed by the appropriate court of common p... |
Section 2712.12 | Arbitration agreement form.
...An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams, or other means of telecommunications that provide a record of the agreement, or in an exchange of statements of claims an... |
Section 2712.13 | Application for stay of proceedings and to compel arbitration.
...(A) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court of common pleas for an order to stay the proceedings and to compel arbitration. (B) A timely request for a stay of judicial proceedings made under this section shall be granted. |
Section 2712.14 | Interim measure of protection.
...(A) It is not incompatible with an arbitration agreement for a party to request a court of common pleas, before or during arbitral proceedings, to issue an interim measure of protection, or for the court to grant such a measure. (B) Any party to an arbitration governed by this chapter may request the court of common pleas to enforce an award of an arbitral tribunal rendered pursuant to section 2712.36 of the Revised... |
Section 2712.15 | Granting measures of protection.
...In connection with a pending arbitration, the court may grant measures of protection, including the following: (A) An order of attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets; (B) A preliminary injunction granted to protect trade secrets or to conserve goods that are the subject matter of the arbitral dispute. |
Section 2712.16 | Considerations in granting measures of protection.
...In considering a request for interim measures of protection, both of the following apply: (A) The court shall give preclusive effect to any findings of fact of the arbitral tribunal, including the probable validity of the claim that is the subject of the award for interim measures, provided the interim award is consistent with public policy and provided division (B) of this section does not apply. (B) If the arbitr... |
Section 2712.17 | Composition of arbitration tribunal.
...The arbitral tribunal shall consist of one arbitrator, unless the parties agree to another number of arbitrators. A person of any nationality may be an arbitrator, unless the parties agree otherwise. |
Section 2712.18 | Procedure for appointing arbitral tribunal.
...(A) The parties may agree on a procedure for appointing the arbitral tribunal. (B) If the parties fail to agree on an appointment procedure, the arbitral tribunal shall be appointed as follows: (1) In an arbitration with a single arbitrator, the appointment shall be made by the court of common pleas upon the request of a party. (2) In an arbitration with more than one arbitrator and two parties, each party shall a... |
Section 2712.19 | Measures to secure the appointment of an arbitrator.
...Upon the request of a party, the court of common pleas may take the necessary measures to secure the appointment of an arbitrator, unless the agreement on the appointment procedure provides other means for securing the appointment, where, under an appointment procedure agreed upon by the parties, any of the following occurs: (A) A party fails to act as required under that procedure. (B) The parties, or two appointe... |
Section 2712.20 | Appointing arbitrators.
...In appointing an arbitrator, the court of common pleas shall consider all of the following: (A) Any qualifications required of the arbitrator by the agreement of the parties; (B) Other considerations that are likely to secure the appointment of an independent and impartial arbitrator; (C) In the case of a sole or third arbitrator, the advisability of appointing an arbitrator of a nationality other than those of th... |
Section 2712.21 | Finality of decision appointing arbitrators.
...A decision by the court of common pleas regarding the appointment of an arbitrator pursuant to sections 2712.18 and 2712.19 of the Revised Code is final and not subject to appeal. |
Section 2712.22 | Potential arbitrators and conciliators to disclose questionable impartiality.
...Except as otherwise provided in this chapter, all persons whose names are submitted for consideration for appointment or designation as arbitrators or conciliators, or who are appointed or designated as arbitrators or conciliators, within fifteen days of the submission, designation, or appointment, shall disclose to the parties any information that might cause their impartiality to be questioned, including any of the... |
Section 2712.23 | Obligation to disclose information.
...The obligation to disclose information set forth in section 2712.22 of the Revised Code is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. The parties otherwise may agree to waive the disclosure. |
Section 2712.24 | Continuing duty to disclose questionable impartiality.
...From the time of appointment and throughout the arbitral proceedings, an arbitrator immediately shall disclose to the parties any circumstances referred to in section 2712.22 of the Revised Code that previously were not disclosed. |
Section 2712.25 | Challenging an arbitrator.
...(A) The parties may agree on a procedure for challenging an arbitrator, and the decision reached pursuant to that procedure shall be final. (B) Failing any such agreement, a party intending to challenge an arbitrator, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in division (A) or (B) of section 2712.22 of the Revised C... |
Section 2712.26 | Circumstances causing challenge.
...(A) Unless otherwise agreed by the parties or pursuant to the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or as to his possession of the qualifications upon which the parties have agreed. (B) A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, onl... |
Section 2712.27 | Deciding challenges.
...Unless the arbitrator challenged under section 2712.25 of the Revised Code withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. |
Section 2712.28 | Court of common pleas to review challenge decisions.
...(A) If a challenge following the procedure under section 2712.25 of the Revised Code is not successful, the challenging party may request the court of common pleas, within thirty days after having received notice of the decision rejecting the challenge, to decide on it. If a challenge is based upon the grounds set forth in section 2712.22 of the Revised Code, and the court of common pleas determines that the facts su... |
Section 2712.29 | Mandate of arbitrator terminates.
...(A) The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, and if he withdraws from his office or the parties agree to the termination of his mandate. The withdrawal or agreement shall not imply acceptance of the validity of any ground referred to in section 2712.22 of the Revised Code. (B) If a controversy rema... |
Section 2712.30 | Replacing arbitrator.
...(A) If the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules applicable to the appointment of the arbitrator being replaced. (B) Unless otherwise agreed to by the parties, when the substitute arbitrator is appointed: (1) Any hearings previously held shall be repeated, if the sole or presiding arbitrator is replaced. (2) Any hearings previously held may be repeat... |
Section 2712.31 | Jurisdiction rulings.
...The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is void shall not invalidate the arbitration clause. |
Section 2712.32 | Plea of lack of jurisdiction.
...A plea that the arbitral tribunal lacks jurisdiction shall be raised not later than the date of the submission of the statement of defense. A party is not precluded from raising that plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. |
Section 2712.33 | Exceeding scope of authority plea.
...A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. |
Section 2712.34 | Admission of later plea.
...In either of the cases referred to in sections 2712.32 and 2712.33 of the Revised Code, the arbitral tribunal may admit a later plea if it considers the delay justified. The arbitral tribunal may rule on a later plea either as a preliminary question or in an award on the merits. |
Section 2712.35 | Court review of ruling on jurisdiction.
...(A) If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party, within thirty days after having received notice of that ruling, shall request the court of common pleas to decide the matter or shall be deemed to have waived objection to that ruling. The decision of the court of common pleas under this section is final and is not appealable. (B) While a request under division (A) of t... |