reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.06 | Powers and Duties of Arbitrators - Subpoena of Witnesses, Failure to Obey.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the controversy unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators selected either as prescribed in sections 2711.01 to 2711.15, inclusive, of the Revised Code, or otherwise, or a majority of them, may administer oaths or affirmations to witnesses, fix the time and place of their hearings, adjourn their meetings from day to day or for a longer time, and also from place to place, and may subpoena in writing any person to attend before any of them as a witness and in a proper case to bring with him any book, record, document, or paper which is deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses in the court of common pleas. The subpoena shall issue in the name of the arbitrators, or a majority of them, and shall be signed by the arbitrators, or a majority of them, and shall be directed to said person and shall be served in the same manner as subpoenas to appear and testify before such court. If any person so subpoenaed to testify refuses or neglects to obey such subpoena, upon petition, the court of common pleas in the county in which such arbitrators, or a majority of them, are sitting may compel the attendance of such person before said arbitrators, or punish said person for contempt in the same manner provided for securing the attendance of witnesses or their punishment for neglect or refusal to attend in such court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.07 | Depositions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon petition approved by the arbitrators, or by a majority of them, the court of common pleas in the county in which such arbitrators, or a majority of them, are sitting may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for the same reasons as provided by law for the taking of depositions in suits or proceedings pending in such court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.08 | Award Must Be in Writing.

Effective:
September 12, 1967
Latest Legislation:
Senate Bill 33 - 107th General Assembly
The award made in an arbitration proceeding must be in writing and must be signed by a majority of the arbitrators. A true copy of such award without delay shall be delivered to each of the parties in interest. The parties to the arbitration agreement may designate therein the county in which the arbitration shall be held and the award made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.09 | Application for Order Confirming Award.

Effective:
August 31, 1976
Latest Legislation:
House Bill 143 - 111th General Assembly
At any time within one year after an award in an arbitration proceeding is made, any party to the arbitration may apply to the court of common pleas for an order confirming the award. Thereupon the court shall grant such an order and enter judgment thereon, unless the award is vacated, modified, or corrected as prescribed in sections 2711.10 and 2711.11 of the Revised Code. Notice in writing of the application shall be served upon the adverse party or his attorney five days before the hearing thereof.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.10 | Court May Vacate Award.

Effective:
March 18, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
In any of the following cases, the court of common pleas shall make an order vacating the award upon the application of any party to the arbitration if:
(A) The award was procured by corruption, fraud, or undue means.
(B) There was evident partiality or corruption on the part of the arbitrators, or any of them.
(C) The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
(D) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may direct a rehearing by the arbitrators.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.11 | Court May Modify Award.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any of the following cases, the court of common pleas in the county wherein an award was made in an arbitration proceeding shall make an order modifying or correcting the award upon the application of any party to the arbitration if:
(A) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award;
(B) The arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted;
(C) The award is imperfect in matter of form not affecting the merits of the controversy.
The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.12 | Judgment to Be Entered.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the granting of an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding, the court must enter judgment in conformity therewith.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.13 | Motion to Vacate, Modify, or Correct an Award - Notice, Service.

Effective:
August 31, 1976
Latest Legislation:
House Bill 143 - 111th General Assembly
After an award in an arbitration proceeding is made, any party to the arbitration may file a motion in the court of common pleas for an order vacating, modifying, or correcting the award as prescribed in sections 2711.10 and 2711.11 of the Revised Code.
Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is delivered to the parties in interest, as prescribed by law for service of notice of a motion in an action. For the purposes of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.14 | Papers to Be Filed With Application.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any party to a proceeding for an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding shall, at the time the application is filed with the clerk of the court of common pleas, also file the following papers with the clerk:
(A) The agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each written extension of the time within which to make the award;
(B) The award;
(C) Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application.
The judgment entered in such proceeding shall be docketed as if rendered in an action.
The judgment so entered shall have in all respects the same effect as, and be subject to all laws relating to, a judgment in an action. Such judgment may be enforced as if rendered in an action in the court in which it is entered.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.15 | Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An appeal may be taken from an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding or from judgment entered upon an award.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.16 | Jurisdiction of Courts of Common Pleas.

Effective:
March 18, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
Jurisdiction of judicial proceedings provided for by sections 2711.01 to 2711.14, inclusive, of the Revised Code, is generally in the courts of common pleas, and actions and proceedings brought under such sections shall be brought either in the court of common pleas of the county designated by the parties to the arbitration agreement as provided in section 2711.08 of the Revised Code, which designation is an irrevocable consent of the parties thereto to such jurisdiction, or, whether or not such designation has been made, in the court of common pleas of any county in which a party in interest resides or may be summoned, or if any party in interest is a corporation, in any county in which such corporation is situated, or has or had its principal office or place of business, or in which such corporation has an office or agent, or in any county in which a summons may be served upon the president, chairman or president of the board of directors or trustees, or other chief officer.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.21 | Arbitration of Medical Claims.

Effective:
April 11, 2003
Latest Legislation:
Senate Bill 281 - 124th General Assembly
(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 person designated by the plaintiff or plaintiffs, one person designated by the defendant or defendants, and a person designated by the court. The person designated by the court shall serve as the chairperson of the board. Each member of the board shall receive a reasonable compensation based on the extent and duration of actual service rendered, and shall be paid in equal proportions by the parties in interest. In a claim accompanied by a poverty affidavit, the cost of the arbitration shall be borne by the court.
(B) The arbitration proceedings shall be conducted in accordance with sections 2711.06 to 2711.16 of the Revised Code insofar as they are applicable. Such proceedings shall be conducted in the county in which the trial is to be held.
(C) If the decision of the arbitration board is not accepted by all parties to the medical, dental, optometric, or chiropractic claim, the claim shall proceed as if it had not been submitted to nonbinding arbitration pursuant to this section. The decision of the arbitration board and any dissenting opinion written by any board member are not admissible into evidence at the trial.
(D) Nothing in this section shall be construed to limit the right of any person to enter into an agreement to submit a controversy underlying a medical, dental, optometric, or chiropractic claim to binding arbitration.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.22 | Contract for Arbitration of Malpractice Claim That May Arise.

Effective:
March 20, 2013
Latest Legislation:
House Bill 303 - 129th General Assembly
(A) Except as otherwise provided in this section, a written 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 remains valid, irrevocable, and enforceable until or unless the patient or the patient's legal representative rescinds the contract by written notice within thirty days of the signing of the contract. A guardian or other legal representative of the patient may give written notice of the rescission of the contract if the patient is incapacitated or a minor.
(B) As used in this section and in sections 2711.23 and 2711.24 of the Revised Code:
(1) "Healthcare provider" means a physician, podiatrist, dentist, licensed practical nurse, registered nurse, advanced practice registered nurse, chiropractor, optometrist, physician assistant, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, or physical therapist.
(2) "Hospital," "physician," "podiatrist," "dentist," "licensed practical nurse," "registered nurse," "advanced practice registered nurse," "chiropractor," "optometrist," "physician assistant," "emergency medical technician-basic," "emergency medical technician-intermediate," "emergency medical technician-paramedic," "physical therapist," "medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.23 | Provision of Contract for Arbitration.

Effective:
April 11, 2003
Latest Legislation:
Senate Bill 281 - 124th General Assembly
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 provided whether or not the patient signs the agreement to arbitrate;
(B) The agreement shall provide that the patient, or the patient's spouse, or the personal representative of the patient's estate in the event of the patient's death or incapacity, shall have a right to withdraw the patient's consent to arbitrate the patient's claim by notifying the healthcare provider or hospital in writing within thirty days after the patient's signing of the agreement. Nothing in this division shall be construed to mean that the spouse of a competent patient can withdraw over the objection of the patient the consent of the patient to arbitrate;
(C) The agreement shall provide that the decision whether or not to sign the agreement is solely a matter for the patient's determination without any influence;
(D) The agreement shall, if appropriate, provide that its terms constitute a waiver of any right to a trial in court, or a waiver of any right to a trial by jury;
(E) The agreement shall provide that the arbitration expenses shall be divided equally between the parties to the agreement;
(F) Any arbitration panel shall consist of three persons, no more than one of whom shall be a physician or the representative of a hospital;
(G) The arbitration agreement shall be separate from any other agreement, consent, or document;
(H) The agreement shall not be submitted to a patient for approval when the patient's condition prevents the patient from making a rational decision whether or not to agree;
(I) Filing of a medical, dental, chiropractic, or optometric claim within the thirty days provided for withdrawal of a patient from the arbitration agreement shall be deemed a withdrawal from the agreement;
(J) The agreement shall contain a separately stated notice that clearly informs the patient of the patient's rights under division (B) of this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.01 | International Commercial Arbitration Definitions.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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" means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or that may arise between them in respect of a defined legal, contractual or other relationship.
(E) "Conciliation" means any conciliation, whether or not administered by a permanent conciliation institution.
(F) "Court" means a body or an organ of the judicial system of a state.
(G) "Court of common pleas" means the court of common pleas of the county of this state described in or selected pursuant to section 2712.11 of the Revised Code.
(H) "Foreign nation" means any nation other than the United States and includes any province, territory, or other political subdivision of that nation.
(I) "Party" means a party to an arbitration or conciliation agreement.
(J) Except as provided in division (L) of this section, "state" means the United States and any foreign nation.
(K) "Supreme court" means the supreme court of this state.
(L) "This state" has the same meaning as in section 1.59 of the Revised Code.
(M) "United States" includes any state, district, commonwealth, territory, or insular possession of the United States and any area subject to the legislative authority of the United States.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.02 | Applicability of Chapter.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.03 | Determining When Arbitration or Conciliation Agreement Is International.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) An arbitration 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 pursuant to, the arbitration or conciliation agreement;
(b) Any place where a substantial part of the obligations of the commercial relationship is to be performed;
(c) The place with which the subject matter of the dispute is involved most closely.
(3) The parties expressly have agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one state.
(4) The subject matter of the arbitration or conciliation agreement otherwise is related to commercial interests in more than one state.
(B) For purposes of this section, the states, districts, commonwealths, territories, and insular possessions of the United States and the areas subject to the legislative authority of the United States shall be considered one state.
(C) For purposes of this section, if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration or conciliation agreement, and, if a party does not have a place of business, "place of business" shall be construed to mean his habitual residence.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.04 | Determining When Arbitration or Conciliation Agreement Is Commercial.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
An arbitration 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 carriage of goods or passengers by air, sea, rail, or road;
(G) Construction;
(H) Insurance;
(I) Licensing;
(J) Factoring;
(K) Leasing;
(L) Consulting;
(M) Engineering;
(N) Financing;
(O) Banking;
(P) The transfer of data or technology;
(Q) Intellectual or industrial property, including trademarks, patents, copyrights, and software programs;
(R) Professional services.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.05 | General Arbitration Statutes Superseded.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
This chapter supersedes Chapter 2711. of the Revised 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.06 | Freedom to Determine Issues.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.07 | Inclusion of Arbitration or Conciliation Rules in Agreement.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
If a provision of this chapter refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, the agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.08 | Counterclaims or Defenses to Counterclaims.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
If this chapter, other than division (C) of section 2712.44 and division (A) of section 2712.66 of the Revised Code, refers to a claim or defense, it also applies to a counterclaim or a defense to that counterclaim.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.09 | Written Communication Deemed to Have Been Received.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) Unless otherwise agreed to by the parties, any written communication is deemed to have been received if 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 addressee's last-known place of business, habitual residence, or mailing address by certified mail, return receipt requested, or by any other means that provides a record of the attempt to deliver it.
(C) This section does not apply to written communications in court proceedings.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.10 | Waiving Right to Object to Noncompliance.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) A party who knows that any provision of this chapter, or any requirement under the arbitration agreement, has not been complied with and who proceeds with the arbitration without stating his objection to the noncompliance without undue delay or, if a time limit is provided for stating that objection, 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.11 | Intervention by Court.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) In matters 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 selected pursuant to the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.12 | Arbitration Agreement Form.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate 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 reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.13 | Application for Stay of Proceedings and to Compel Arbitration.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.14 | Interim Measure of Protection.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) It is not incompatible with an arbitration agreement for a party to request a court 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 shall be granted pursuant to the law applicable to the granting of the type of interim measure of protection requested.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.15 | Granting Measures of Protection.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
In connection with a pending arbitration, the court may grant measures of protection, including the following:
(A) An order of attachment issued to assure that the award to which the applicant may 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.16 | Considerations in Granting Measures of Protection.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
In considering a request for interim measures of protection, both of 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 court first shall make an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did have jurisdiction, it shall proceed in accordance with division (A) of this section. If the court rules that the arbitral tribunal did not have jurisdiction, the court shall deny the application for interim measures. A ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.17 | Composition of Arbitration Tribunal.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.18 | Procedure for Appointing Arbitral Tribunal.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) The parties may agree 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 the two appointed arbitrators jointly shall appoint the remaining arbitrators. However, if either party fails to appoint an arbitrator within thirty days after receipt of a request to do so by the other party, or if the two appointed arbitrators fail to agree on the appointment of the remaining arbitrators within thirty days after their appointments, the appointments shall be made by the court of common pleas upon the request of a party.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.19 | Measures to Secure the Appointment of an Arbitrator.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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 appointed arbitrators, fail to reach an agreement expected of them under that procedure.
(C) A third party, including an institution, fails to perform any function entrusted to it under that procedure.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.20 | Appointing Arbitrators.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
In appointing an 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.21 | Finality of Decision Appointing Arbitrators.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
A decision by the court of common pleas regarding the appointment of an arbitrator pursuant to sections 2712.18 and 2712.19 of the Revised Code is final and not subject to appeal.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.22 | Potential Arbitrators and Conciliators to Disclose Questionable Impartiality.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
Except as otherwise provided in this chapter, all persons whose names are submitted for consideration for appointment or designation as arbitrators or conciliators, or who are appointed or designated as arbitrators or conciliators, within fifteen days of the submission, designation, or appointment, shall disclose to the parties any information that might cause their impartiality to be questioned, including any of the following circumstances:
(A) The person has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings.
(B) The person served as an attorney in the matter in controversy, the person is or was associated with another who has participated in the matter during such association, or the person has been a material witness concerning it.
(C) The person served as an arbitrator or conciliator in another proceeding involving one or more of the parties to the proceedings.
(D) The person, individually or as a fiduciary, or the person's spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceedings, or any other interest that could be substantially affected by the outcome of the proceedings.
(E) The person, his spouse, a person within the third degree of relationship to either of them, or the spouse of such a person meets any of the following conditions:
(1) The person is or has been a party to the proceedings, or an officer, director, or trustee of a party.
(2) The person is acting or has acted as an attorney in the proceedings.
(3) The person is known to have an interest that could be substantially affected by the outcome of the proceedings.
(4) The person is likely to be a material witness in the proceedings.
(F) The person has a close personal or professional relationship with a person who meets any of the following conditions:
(1) The person is or has been a party to the proceedings, or an officer, director, or trustee of a party.
(2) The person is acting or has acted as an attorney or representative in the proceedings.
(3) The person is or expects to be nominated as an arbitrator or conciliator in the proceedings.
(4) The person is known to have an interest that could be substantially affected by the outcome of the proceedings.
(5) The person is likely to be a material witness in the proceedings.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.23 | Obligation to Disclose Information.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
The obligation to disclose information set forth in section 2712.22 of the Revised Code is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. The parties otherwise may agree to waive the disclosure.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.24 | Continuing Duty to Disclose Questionable Impartiality.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.25 | Challenging an Arbitrator.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(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 Code, whichever is later, shall send a written statement of the reasons for the challenge to the arbitral tribunal.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.26 | Circumstances Causing Challenge.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(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, only for reasons of which the party becomes aware after the appointment has been made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.27 | Deciding Challenges.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.28 | Court of Common Pleas to Review Challenge Decisions.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) If a challenge following the procedure under section 2712.25 of the Revised Code is not successful, the challenging party may request the court of common pleas, within thirty days after having received notice of the decision rejecting the challenge, to decide on it. If a challenge is based upon the grounds set forth in section 2712.22 of the Revised Code, and the court of common pleas determines that the facts support a finding that any of those grounds fairly exist, then the challenge shall be sustained.
(B) The decision of the court of common pleas 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.29 | Mandate of Arbitrator Terminates.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, and if he withdraws from his office or the parties agree to the termination of his mandate. The withdrawal or agreement shall not imply acceptance of the validity of any ground referred to in section 2712.22 of the Revised Code.
(B) If a controversy remains concerning any of the grounds referred to in 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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.30 | Replacing Arbitrator.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(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 repeated at the discretion of the arbitral tribunal, if an arbitrator other than the sole or presiding arbitrator is replaced.
(C) An order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.31 | Jurisdiction Rulings.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.32 | Plea of Lack of Jurisdiction.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.33 | Exceeding Scope of Authority Plea.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.34 | Admission of Later Plea.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2712 | International Commercial Arbitration › Section 2712.35 | Court Review of Ruling on Jurisdiction.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party, within thirty days after having received notice 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.