Effective: October 23, 1991
Latest Legislation: House Bill 221 - 119th General Assembly
(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 that the undertaking was invalid or unenforceable, unless the party challenging the award participated on the merits in the arbitral proceedings leading to the award without first having submitted such questions to the arbitral tribunal.
(2) The party challenging the award was not given notice of the appointment of the arbitral tribunal or of the arbitral proceedings, unless notice proved impossible after efforts reasonably designed to give actual notice or that party waived notice or participated in those proceedings on the merits of the dispute.
(3) The arbitral tribunal conducted its proceedings so unfairly as to substantially prejudice the rights of the party challenging the award.
(4) The award was obtained by corruption, fraud, or undue influence or is contrary to the public policy of the United States or of this state.
(5) Any neutral arbitrator had a material conflict of interest with the party challenging the award, unless that party had timely notice of the conflict and proceeded without objection to arbitrate the dispute.
(6) The award resolves a dispute that the parties did not agree to refer to the arbitral tribunal, unless the party objecting arbitrated the dispute without objection, and the decision of the tribunal that the dispute was referred to it for arbitration clearly was erroneous, provided that a court may determine instead to vacate or declare not entitled to confirmation only that portion of the award dealing with the excluded dispute.
(7) The arbitral tribunal was not constituted in accordance with the agreement of the parties, unless the party challenging the award waived the irregularity or participated in the arbitral proceedings without first objecting to them.
(B) The courts of this state shall not make an independent factual determination concerning whether the grounds described in division (A)(3), (6), or (7) of this section are present if the arbitration leading to the award was conducted under the rules of, or was subject to supervision by, an arbitral authority and those grounds were submitted to the authority as a basis for challenging the validity of the award or the conduct of the arbitration. In such a case, the determination of the arbitral authority concerning those grounds shall be final. If, under the rules applicable to an arbitration, the grounds described in division (A)(3), (6), or (7) of this section could have been, but were not, submitted to an arbitral authority as a basis for challenging the validity of the award or the conduct of the arbitration, the courts of this state shall not declare an award not entitled to confirmation or vacate that award or deny its confirmation on those grounds.
(C) A court that issues an order to vacate an award or to declare that an award is not entitled to confirmation by the courts of this state also may order that all or part of the dispute between the parties be resubmitted to the same or a new arbitral tribunal as it finds appropriate.
Structure 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 2712.51 | 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.