Ohio Revised Code Search

...As used in sections 2337.01 to 2337.14 of the Revised Code: (A) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (B) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate. (C) "Conversion date" means the banking day next preceding the date on which money, in acc...

...(A) Sections 2337.01 to 2337.15 of the Revised Code apply only to a foreign-money claim in an action or distribution proceeding. (B) Sections 2337.01 to 2337.15 of the Revised Code apply to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.

...(A) The effect of sections 2337.01 to 2337.15 of the Revised Code may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (B) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the ...

...(A) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (B) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: (1) Regularly used between the parties as a matter of usage or course of dealing; (2) Used at the time of a transaction in international...

...(A) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (B) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after defa...

...(A) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (B) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. (C) A person may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other...

...The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.

...(A) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in division (B) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state. (B) The court or arbitrator shall increase or decrease the amount of prejudgment or...

...(A) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 2337.07 of the Revised Code, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. (B) A foreign judgment may be filed in accordance wit...

...(A) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. (B) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishme...

...bligations or losses denominated in the former money. (B) If substitution under division (A) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.

...Unless displaced by particular provisions of sections 2337.01 to 2337.15 of the Revised Code, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement these sections.

...fectuate the general purpose to make uniform the law with respect to the subject of these sections among states enacting it.

...he Revised Code may be cited as the "Uniform Foreign-Money Claims Act."

...(A) Except as otherwise provided in division (B) or (C) of this section, sections 2710.01 to 2710.10 of the Revised Code apply to a mediation under any of the following circumstances: (1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator. (2) The mediation parties and the mediator agree to mediate...

...onparty participant. (C) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

...(A) A privilege under section 2710.03 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and by whichever of the following is applicable: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator. (2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. (B)...

...eeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation. (C) A mediator may not be compelled to provide evidence of a mediation communication referred to in division (A)(6) or (B)(2) of this section. (D) If a mediation communication is not privileged under division (A) or (B) of this section, only the portion of the communication necessary for the appl...

...(A) Except as provided in division (B) of this section and section 3109.052 of the Revised Code, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, department, agency, or officer of this state or its political subdivisions that may make a ruling on the dispute that is the subject of the mediation. (B) A mediator may dis...

...Except as provided in sections 121.22 and 149.43 of the Revised Code, mediation communications are confidential to the extent agreed by the parties or provided by other sections of the Revised Code or rules adopted under any section of the Revised Code.

...(A) Before accepting a mediation, an individual who is requested to serve as a mediator shall do both of the following: (1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or ...

...An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. A mediator may withdraw as mediator at any time.

...Sections 2710.01 to 2710.10 of the Revised Code may modify, limit, or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but sections 2710.01 to 2710.10 of the Revised Code shall not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.

...(A) As used in this section: (1) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement, or a similar promotion, of a dramatic, literary, musical, political, journalistic, or artistic work. (2) "Governmental unit" means the government of the United States, the state, a political subdivision of the state, or any department, agency, board, commission, or other instrumentality...

...Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, the party may file a motion for expedited relief to dismiss the civil action or claim. The court may extend the sixty-day period to file the motion for expedited relief for good cause shown.