Ohio Revised Code Search
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Section 2712.13 | Application for stay of proceedings and to compel arbitration.
...ment 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. |
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Section 2712.14 | Interim measure of protection.
...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 Code, which award orders a party to take any interim measure of protection. Enforcement sh... |
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Section 2712.15 | Granting measures of protection.
...ration, 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. |
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Section 2712.16 | Considerations in granting measures of protection.
...ering 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 arbitral tribun... |
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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. |
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Section 2712.18 | Procedure for appointing arbitral tribunal.
... 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 appoint one arbitrator, and the two appointed arbitrators jointly shall appoint the remaining arbitrators. However, if either party fails to appoint an arbitrator within thirty days after receipt of a request to do so by the other party, or if the two appointe... |
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Section 2712.19 | 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 appointed arbitrators, fail to reach an agreement expected of them under that procedure. (C) A third party, including an institution, fail... |
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Section 2712.20 | Appointing arbitrators.
...ng 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 the parties. |
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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. |
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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... |
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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. |
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Section 2712.24 | Continuing duty to disclose questionable impartiality.
...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. |
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Section 2712.25 | Challenging an arbitrator.
...enging 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 Code, whichever is later, shall send a written stat... |
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Section 2712.26 | Circumstances causing challenge.
...ointment it has participated, only for reasons of which the party becomes aware after the appointment has been made. |
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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. |
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Section 2712.28 | Court of common pleas to review challenge decisions.
...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 support a finding that any of those grounds fairly exist, then the challenge shall be sustained. (B) The decision of the ... |
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Section 2712.29 | Mandate of arbitrator terminates.
... 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 remains concerning any of the grounds referred to in this section, a party may request t... |
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Section 2712.30 | Replacing arbitrator.
...tute 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 repeated at the discretion of the arbitral tribunal, if an arbitrator other than the sole or presiding arbitrator is replaced. (C) An order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is no... |
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Section 2712.31 | Jurisdiction rulings.
...hat 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. |
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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. |
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Section 2712.33 | Exceeding scope of authority plea.
...authority is raised during the arbitral proceedings. |
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Section 2712.34 | Admission of later plea.
...e 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. |
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Section 2712.35 | Court review of ruling on jurisdiction.
...tribunal may continue with the arbitral proceedings and make an arbitral award. |
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Section 2712.36 | Requests for interim measure of protection order.
...ay order a party to take any measure of protection that the arbitral tribunal considers necessary in respect of the subject matter of the dispute. The arbitral tribunal may require a party to provide appropriate security in connection with a measure of protection ordered under this division. (B) A party may request an interim measure of protection directly from any court with jurisdiction. However, no measure of pro... |
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Section 2712.37 | Equal opportunity to present case.
...The parties shall be treated with equality by, and each party shall be given a full opportunity to present his case before, the arbitral tribunal. |