Ohio Revised Code Search
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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.
...If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the tribunal, record the settlement in the form of an arbitral award on agreed terms. An arbitral award on agreed terms 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... |
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... |
Section 2712.62 | Request for correction of errors or interpretation of award.
...(A) Within thirty days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties, a party may request the arbitral tribunal to correct any computation, clerical, typographical, or other errors of a similar nature. If agreed by the parties, a party may request the tribunal to give an interpretation of a specific point or part of the award. (B) Within thirty days after the ... |
Section 2712.63 | Request of additional award as to claims presented but not adjudicated.
...(A) Unless otherwise agreed by the parties, a party may request, within thirty days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award. If the tribunal considers any request made under this section to be justified, it shall make the additional arbitral award within sixty days after r... |
Section 2712.64 | Time extensions.
...The arbitral tribunal may extend the period of time within which it may make a correction, give an interpretation, or make an additional arbitral award under section 2712.62 or 2712.63 of the Revised Code. |
Section 2712.65 | Terminating proceedings.
...The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under section 2712.66 of the Revised Code. The award is final upon the expiration of the applicable periods set forth in sections 2712.62 to 2712.64 of the Revised Code. |
Section 2712.66 | Termination order.
...The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when any of the following occurs: (A) The claimant withdraws his claim, unless the respondent objects to the order and the tribunal recognizes a legitimate interest of the respondent in obtaining a final settlement of the dispute. (B) The parties agree on the termination of the proceedings. (C) The tribunal finds that the co... |
Section 2712.67 | Terminating mandate or arbitrators.
...Subject to sections 2712.62 to 2712.65 of the Revised Code, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings. |
Section 2712.68 | Arbitrators' immunity.
...No person who serves as an arbitrator shall be liable in an action for damages resulting from any act or omission in the performance of his duties as an arbitrator in any proceedings subject to this chapter. |
Section 2712.69 | Confirmation or vacation of award.
...(A) Any party to an arbitration within the scope of this chapter may apply to a court of common pleas in order to confirm or vacate any final award of an arbitral tribunal or to declare that the award is not entitled to confirmation by the courts of this state. The court shall dispose of all such applications as provided in division (B) of this section without regard to the law of the place of arbitration, the law go... |
Section 2712.70 | Grounds for confirmation or vacation of award.
...(A) A final award shall be vacated or declared not entitled to confirmation by the courts of this state only if one or more of the following grounds are established: (1) There was no written undertaking to arbitrate, there was fraud in the inducement of an undertaking to arbitrate, or an arbitral tribunal impaneled in accordance with the undertaking previously had determined that the dispute was nonarbitrable or tha... |
Section 2712.71 | Relief granted in foreign currency.
...The courts of this state shall confirm a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars. In such a case, the court, in addition to entering the order in a foreign currency designated by the award, upon application by a party also shall enter that order in United States dollars determined by reference to the market rate of exchange prevailing in this state on... |
Section 2712.72 | Entering judgment or decree.
...After an order confirming or vacating an award or declaring that an award is not entitled to confirmation by the courts of this state has been rendered, a judgment or decree shall be entered in conformity with that order to be enforced in the same manner as any other judgment or decree. Upon entry of a judgment or decree, the court, in its discretion, also may award costs and disbursements. |
Section 2712.73 | Appeal from court of common pleas.
...(A) An appeal may be taken from any of the following decisions rendered by the court of common pleas: (1) An order granting or denying an application to compel or to stay arbitration; (2) An order granting or denying an application for assistance in obtaining evidence or an application for interim measure of protection; (3) An order confirming or vacating a final award or declaring that an award is not entitled to... |
Section 2712.74 | Policy of state to encourage arbitration or conciliation.
...It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation pursuant to section 2712.03 of the Revised Code, to resolve disputes arising from the agreement or transaction through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the conciliator... |
Section 2712.75 | Guiding principles.
...The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including any previous practices between the parties. |
Section 2712.76 | Proceedings of conciliation.
...The conciliator or conciliators may conduct the conciliation proceedings in a manner that they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provided in this chapter, other provisions of the Revised Code, the Rules of Evidence, and the Ohio rules of court shall not apply to conciliatio... |
Section 2712.77 | Representation or assistance.
...The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be an attorney or licensed to practice law in this state. |
Section 2712.78 | Draft conciliation statement.
...At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement that may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify their approval. |
Section 2712.79 | Acceptance of settlement.
...No party is required to accept any settlement proposed by the conciliator or conciliators. |
Section 2712.80 | Evidence and documents admissibility and disclosure.
...When persons agree to participate in conciliation under this chapter, all of the following apply: (A) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. However, this division does not limit t... |