Ohio Revised Code Search
Section |
---|
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. |
Section 2712.38 | Agreement for procedure.
...Subject to the provisions of this chapter, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. |
Section 2712.39 | Tribunal to determine procedure.
...considers appropriate, subject to the provisions of this chapter. (B) The power of the arbitral tribunal under this section includes the power to determine the admissibility, relevance, materiality, and weight of any evidence. |
Section 2712.40 | Place of arbitration decision.
...The parties may agree on the place of arbitration within this state. If the parties do not reach such an agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. |
Section 2712.41 | Place of meeting of arbitral tribunal.
...Notwithstanding section 2712.40 of the Revised Code and unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents, goods, or other property. |
Section 2712.42 | Language used in proceedings.
...The parties may agree upon the language or languages to be used in the arbitral proceedings. If the parties do not reach such an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. Unless otherwise specified, the agreement or determination referred to in this section shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or... |
Section 2712.43 | Arbitral proceeding commences on date of request.
...Unless otherwise agreed by the parties, the arbitral proceedings concerning a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. |
Section 2712.44 | Timely submission of statement of claims.
...(A) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claims, the points at issue, and the relief or remedy sought, and the respondent shall state his defenses regarding these particulars, unless the parties otherwise have agreed as to the required elements of those statements. (B) The parties may submit with their statement... |
Section 2712.45 | Amending or supplementing statement of claim or defense.
...Unless otherwise agreed by the parties, either party may amend or supplement his statement of claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. |
Section 2712.46 | Oral hearings and meetings.
...(A) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. (B) Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings,... |
Section 2712.47 | Notice of hearings or meetings.
...The arbitral tribunal shall give the parties sufficient advance notice of any hearing and of any meeting of the tribunal for the purpose of inspection of documents, goods, or other property. |
Section 2712.48 | Information on which the tribunal may rely to be communicated to all parties.
...All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the tribunal may rely in making its decision shall be communicated to the parties. |
Section 2712.49 | Party's failure to appear or produce documents.
...Unless otherwise agreed by the parties and unless a party shows sufficient cause for not doing so, if a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. |
Section 2712.50 | Experts.
...vant information or to produce, or to provide access to, any relevant documents, goods, or other property for his inspection. (B) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert, after delivery of his written or oral report, shall participate in an oral hearing at which the parties have the opportunity to question the expert and to presen... |
Section 2712.51 | Assistance by court of common pleas.
...ubpoena may be issued by the court as provided in the Rules of Civil Procedure, in which case witness compensation shall be as provided by the Revised Code. |
Section 2712.52 | Consolidating arbitration.
...(A) If the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the court of common pleas, on application by one party with the consent of all the other parties to those arbitration agreements, may do one or more of the following: (1) Order the arbitrations to be consolidated on... |
Section 2712.53 | Designation of law or legal system.
...(A) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute. Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules. (B) If the parties fail to designate t... |
Section 2712.54 | Authorization for decision ex aequo et bono or amiable compositeur.
...The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, only if the parties have expressly authorized it to do so. |
Section 2712.55 | Accordance with contract - usages of trade.
...In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. |
Section 2712.56 | Decision of majority or presider.
...Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. However, if authorized by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by a presiding arbitrator. |
Section 2712.57 | Encouraging settlement.
...It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement, and, with the agreement of the parties, the tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to encourage settlement. |
Section 2712.58 | Record of settlement.
... shall be made in accordance with the provisions of sections 2712.59 to 2712.64 of the Revised Code and shall state that it is an arbitral award. An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. |
Section 2712.59 | Form and delivery of award.
...(A) An arbitral award shall be in writing and signed by the members of the arbitral tribunal. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the tribunal shall be sufficient if the reason for any omitted signature is stated. (B) The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given... |
Section 2712.60 | Interim arbitral award.
...At any time during the arbitral proceedings, the arbitral tribunal may make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final award. |
Section 2712.61 | Interest and cost allocation.
...(A) Unless otherwise agreed by the parties, the arbitral tribunal may award interest and costs and may allocate costs among the parties as it considers appropriate. In making an order awarding or allocating costs, the tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert witnesses; (2) Legal fees and expenses; (3) Any administration fees of the institution supe... |