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.
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, […]
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 […]
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.
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 […]
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 […]
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.
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 […]
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 […]
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) […]
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 […]
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 […]
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.
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 […]
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 […]
Effective: October 23, 1991 Latest Legislation: House Bill 221 – 119th General Assembly (A) Unless otherwise agreed by the parties, the arbitral tribunal, at the request of a party, may order a party to take any measure of protection that the arbitral tribunal considers necessary in respect of the subject matter of the dispute. The […]
Effective: October 23, 1991 Latest Legislation: House Bill 221 – 119th General Assembly 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.
Effective: October 23, 1991 Latest Legislation: House Bill 221 – 119th General Assembly 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.
Effective: October 23, 1991 Latest Legislation: House Bill 221 – 119th General Assembly (A) Failing any agreement referred to in section 2712.38 of the Revised Code, the arbitral tribunal may conduct the arbitration in the manner it considers appropriate, subject to the provisions of this chapter. (B) The power of the arbitral tribunal under this […]
Effective: October 23, 1991 Latest Legislation: House Bill 221 – 119th General Assembly 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 […]