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Home » US Law » 2022 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 […]

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 […]

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 […]

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 […]

Section 2712.05 | General Arbitration Statutes Superseded.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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]