Ohio Revised Code Search
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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.
... under this section is final and is not subject to appeal. (C) While a request under this section is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award. |
Section 2712.29 | Mandate of arbitrator terminates.
...n this section, a party may request the court of common pleas to decide on the termination of the mandate. A decision of the court of common pleas under this division is not appealable. (C) The mandate of an arbitrator also terminates upon his withdrawal from office for any reason, or by or pursuant to agreement of the parties. |
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.
...otice 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 this section is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award. |
Section 2712.36 | Requests for interim measure of protection order.
...measure of protection directly from any court with jurisdiction. However, no measure of protection shall be granted by a court of this state unless the party shows that an application to the arbitral tribunal for the measure of protection would prejudice the party's rights and that an interim measure of protection from the court is necessary to protect those rights. The arbitral tribunal shall be deemed to be a party... |
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.
...in the manner it 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. |