Ohio Revised Code Search
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Section 2711.21 | Arbitration of medical claims.
...(A) Upon the filing of any medical, dental, optometric, or chiropractic claim as defined in section 2305.113 of the Revised Code, if all of the parties to the medical, dental, optometric, or chiropractic claim agree to submit it to nonbinding arbitration, the controversy shall be submitted to an arbitration board consisting of three arbitrators to be named by the court. The arbitration board shall consist of one pe... |
Section 2711.22 | Contract for arbitration of malpractice claim that may arise.
... contract between a patient and a hospital or healthcare provider to settle by binding arbitration any dispute or controversy arising out of the diagnosis, treatment, or care of the patient rendered by a hospital or healthcare provider, that is entered into prior to the diagnosis, treatment, or care of the patient is valid, irrevocable, and enforceable once the contract is signed by all parties. The contract re... |
Section 2711.23 | Provision of contract for arbitration.
...To be valid and enforceable any arbitration agreements pursuant to sections 2711.01 and 2711.22 of the Revised Code for controversies involving a medical, dental, chiropractic, or optometric claim that is entered into prior to a patient receiving any care, diagnosis, or treatment shall include or be subject to the following conditions: (A) The agreement shall provide that the care, diagnosis, or treatment will be... |
Section 2711.24 | Form for arbitration agreement.
...n section 2711.23 of the Revised Code shall be presumed valid and enforceable in the absence of proof by a preponderance of the evidence that the execution of the agreement was induced by fraud, that the patient executed the agreement as a direct result of the willful or negligent disregard by the healthcare provider of the patient's right not to so execute, or that the patient executing the agreement was not able to... |
Section 2712.01 | International commercial arbitration definitions.
...As used in this chapter: (A) "Arbitral award" means any decisions of the arbitral tribunal on the substance of the dispute submitted to it and includes an interim, interlocutory, or partial arbitral award. (B) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators. (C) "Arbitration" means any arbitration, whether or not administered by a permanent arbitral institution. (D) "Arbitration agreement" m... |
Section 2712.02 | Applicability of chapter.
...(A) This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States or any other state or states. (B) This chapter, except sections 2712.13 to 2712.16 and sections 2712.75 to 2712.79 of the Revised Code, applies only if the place of arbitration or conciliation is in this state. |
Section 2712.03 | Determining when arbitration or conciliation agreement is international.
...or conciliation agreement is international if any of the following applies: (1) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different states. (2) One of the following places is situated outside the state in which the parties have their place of business: (a) The place of arbitration or conciliation as determined in, or p... |
Section 2712.04 | Determining when arbitration or conciliation agreement is commercial.
...on or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including any of the following: (A) A transaction for the supply or exchange of goods or services; (B) A distribution agreement; (C) A commercial representation or agency; (D) An exploitation agreement or concession; (E) A joint venture or other related form of industrial or business cooperation; (F) The carria... |
Section 2712.05 | General arbitration statutes superseded.
...ed Code with respect only to international commercial arbitration and conciliation. This chapter does not affect any other provisions of the Revised Code by virtue of which certain disputes may not be submitted to arbitration or conciliation or may be submitted to arbitration or conciliation only in accordance with provisions other than those of this chapter. |
Section 2712.06 | Freedom to determine issues.
...If a provision of this chapter, except sections 2712.53 to 2712.55 of the Revised Code, leaves the parties free to determine a certain issue, that freedom includes the right of the parties to authorize a third party, including an institution, to make that determination. |
Section 2712.07 | Inclusion of arbitration or conciliation rules in agreement.
...reement of the parties, the agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement. |
Section 2712.08 | Counterclaims or defenses to counterclaims.
... Code, refers to a claim or defense, it also applies to a counterclaim or a defense to that counterclaim. |
Section 2712.09 | Written communication deemed to have been received.
... it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address, and the communication is deemed to have been received on the day it is so delivered. (B) If none of the places referred to in division (A) of this section can be found after making reasonable inquiry, a written communication is deemed to have been received if it is sent to the addresse... |
Section 2712.10 | Waiving right to object to noncompliance.
...bjection, within that period of time, shall be deemed to have waived his right to object. (B) As used in this section, "any provision of this chapter" means any provision of this chapter in respect of which the parties otherwise may agree. |
Section 2712.11 | Intervention by court.
...rs 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 pleas selecte... |
Section 2712.12 | Arbitration agreement form.
...e 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 and defenses in which the existence of an agreement is alleged by one party and not denied by another. The refe... |
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.
...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 Code, which award orders a party to take any interim measure of protection. Enforcement... |
Section 2712.15 | Granting measures of protection.
...ay 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.
...f 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 tribunal has not ruled on an objection to its jurisdiction, the ... |
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.
...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 appoint one arbitrator, and... |
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.
...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. |
Section 2712.21 | Finality of decision appointing arbitrators.
...8 and 2712.19 of the Revised Code is final and not subject to appeal. |