Ohio Revised Code
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.

Structure Ohio Revised Code

Ohio Revised Code

Title 27 | Courts-General Provisions-Special Remedies

Chapter 2712 | International Commercial Arbitration

Section 2712.01 | International Commercial Arbitration Definitions.

Section 2712.02 | Applicability of Chapter.

Section 2712.03 | Determining When Arbitration or Conciliation Agreement Is International.

Section 2712.04 | Determining When Arbitration or Conciliation Agreement Is Commercial.

Section 2712.05 | General Arbitration Statutes Superseded.

Section 2712.06 | Freedom to Determine Issues.

Section 2712.07 | Inclusion of Arbitration or Conciliation Rules in Agreement.

Section 2712.08 | Counterclaims or Defenses to Counterclaims.

Section 2712.09 | Written Communication Deemed to Have Been Received.

Section 2712.10 | Waiving Right to Object to Noncompliance.

Section 2712.11 | Intervention by Court.

Section 2712.12 | Arbitration Agreement Form.

Section 2712.13 | Application for Stay of Proceedings and to Compel Arbitration.

Section 2712.14 | Interim Measure of Protection.

Section 2712.15 | Granting Measures of Protection.

Section 2712.16 | Considerations in Granting Measures of Protection.

Section 2712.17 | Composition of Arbitration Tribunal.

Section 2712.18 | Procedure for Appointing Arbitral Tribunal.

Section 2712.19 | Measures to Secure the Appointment of an Arbitrator.

Section 2712.20 | Appointing Arbitrators.

Section 2712.21 | Finality of Decision Appointing Arbitrators.

Section 2712.22 | Potential Arbitrators and Conciliators to Disclose Questionable Impartiality.

Section 2712.23 | Obligation to Disclose Information.

Section 2712.24 | Continuing Duty to Disclose Questionable Impartiality.

Section 2712.25 | Challenging an Arbitrator.

Section 2712.26 | Circumstances Causing Challenge.

Section 2712.27 | Deciding Challenges.

Section 2712.28 | Court of Common Pleas to Review Challenge Decisions.

Section 2712.29 | Mandate of Arbitrator Terminates.

Section 2712.30 | Replacing Arbitrator.

Section 2712.31 | Jurisdiction Rulings.

Section 2712.32 | Plea of Lack of Jurisdiction.

Section 2712.33 | Exceeding Scope of Authority Plea.

Section 2712.34 | Admission of Later Plea.

Section 2712.35 | Court Review of Ruling on Jurisdiction.

Section 2712.36 | Requests for Interim Measure of Protection Order.

Section 2712.37 | Equal Opportunity to Present Case.

Section 2712.38 | Agreement for Procedure.

Section 2712.39 | Tribunal to Determine Procedure.

Section 2712.40 | Place of Arbitration Decision.

Section 2712.41 | Place of Meeting of Arbitral Tribunal.

Section 2712.42 | Language Used in Proceedings.

Section 2712.43 | Arbitral Proceeding Commences on Date of Request.

Section 2712.44 | Timely Submission of Statement of Claims.

Section 2712.45 | Amending or Supplementing Statement of Claim or Defense.

Section 2712.46 | Oral Hearings and Meetings.

Section 2712.47 | Notice of Hearings or Meetings.

Section 2712.48 | Information on Which the Tribunal May Rely to Be Communicated to All Parties.

Section 2712.49 | Party's Failure to Appear or Produce Documents.

Section 2712.50 | Experts.

Section 2712.51 | Assistance by Court of Common Pleas.

Section 2712.52 | Consolidating Arbitration.

Section 2712.53 | Designation of Law or Legal System.

Section 2712.54 | Authorization for Decision Ex Aequo Et Bono or Amiable Compositeur.

Section 2712.55 | Accordance With Contract - Usages of Trade.

Section 2712.56 | Decision of Majority or Presider.

Section 2712.57 | Encouraging Settlement.

Section 2712.58 | Record of Settlement.

Section 2712.59 | Form and Delivery of Award.

Section 2712.60 | Interim Arbitral Award.

Section 2712.61 | Interest and Cost Allocation.

Section 2712.62 | Request for Correction of Errors or Interpretation of Award.

Section 2712.63 | Request of Additional Award as to Claims Presented but Not Adjudicated.

Section 2712.64 | Time Extensions.

Section 2712.65 | Terminating Proceedings.

Section 2712.66 | Termination Order.

Section 2712.67 | Terminating Mandate or Arbitrators.

Section 2712.68 | Arbitrators' Immunity.

Section 2712.69 | Confirmation or Vacation of Award.

Section 2712.70 | Grounds for Confirmation or Vacation of Award.

Section 2712.71 | Relief Granted in Foreign Currency.

Section 2712.72 | Entering Judgment or Decree.

Section 2712.73 | Appeal From Court of Common Pleas.

Section 2712.74 | Policy of State to Encourage Arbitration or Conciliation.

Section 2712.75 | Guiding Principles.

Section 2712.76 | Proceedings of Conciliation.

Section 2712.77 | Representation or Assistance.

Section 2712.78 | Draft Conciliation Statement.

Section 2712.79 | Acceptance of Settlement.

Section 2712.80 | Evidence and Documents Admissibility and Disclosure.

Section 2712.81 | Stay of Judicial and Arbitral Proceedings.

Section 2712.82 | Conciliation Tolls Statute of Limitations.

Section 2712.83 | Terminating Conciliation Proceedings.

Section 2712.84 | Terminating as to Particular Parties.

Section 2712.85 | Participation of Conciliator in Other Proceedings Involving Same Dispute.

Section 2712.86 | Waiving Rights and Remedies.

Section 2712.87 | Written Conciliation Agreement Treated as Arbitral Award.

Section 2712.88 | Conciliation Costs.

Section 2712.89 | Cost Apportionment - Immunity of Conciliator.

Section 2712.90 | State Court Jurisdiction.

Section 2712.91 | Chapter Provisions Classified as Substantive.