Ohio Revised Code Chapter 2712 - International Commercial Arbitration

• Section 2712.01 - International Commercial Arbitration Definitions.
  As used in this chapter: (A) "Arbitral award" means any decisions of the arbitral tribunal on the substance of the dispute submitted to it...
• Section 2712.02 - Applicability Of Chapter.
  (A) This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States or any...
• Section 2712.03 - Determining When Arbitration Or Conciliation Agreement Is International.
  (A) An arbitration or conciliation agreement is international if any of the following applies: (1) The parties to an arbitration or conciliation agreement have,...
• Section 2712.04 - Determining When Arbitration Or Conciliation Agreement Is Commercial.
  An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including any of the following: (A)...
• Section 2712.05 - General Arbitration Statutes Superseded.
  This chapter supersedes Chapter 2711. of the Revised Code with respect only to international commercial arbitration and conciliation. This chapter does not affect any...
• Section 2712.06 - Freedom To Determine Issues.
  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,...
• Section 2712.07 - Inclusion Of Arbitration Or Conciliation Rules In Agreement.
  If a provision of this chapter refers to the fact that the parties have agreed or that they may agree, or in any other...
• Section 2712.08 - Counterclaims Or Defenses To Counterclaims.
  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...
• Section 2712.09 - Written Communication Deemed To Have Been Received.
  (A) Unless otherwise agreed to by the parties, any written communication is deemed to have been received if it is delivered to the addressee...
• Section 2712.10 - Waiving Right To Object To Noncompliance.
  (A) A party who knows that any provision of this chapter, or any requirement under the arbitration agreement, has not been complied with and...
• Section 2712.11 - Intervention By Court.
  (A) In matters governed by this chapter, no court shall intervene except as provided in this chapter or in applicable federal law. (B) The...
• Section 2712.12 - Arbitration Agreement Form.
  An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An...
• Section 2712.13 - Application For Stay Of Proceedings And To Compel Arbitration.
  (A) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement...
• Section 2712.14 - Interim Measure Of Protection.
  (A) It is not incompatible with an arbitration agreement for a party to request a court of common pleas, before or during arbitral proceedings,...
• Section 2712.15 - Granting Measures Of Protection.
  In connection with a pending arbitration, the court may grant measures of protection, including the following: (A) An order of attachment issued to assure...
• Section 2712.16 - Considerations In Granting Measures Of Protection.
  In considering a request for interim measures of protection, both of the following apply: (A) The court shall give preclusive effect to any findings...
• Section 2712.17 - Composition Of Arbitration Tribunal.
  The arbitral tribunal shall consist of one arbitrator, unless the parties agree to another number of arbitrators. A person of any nationality may be...
• Section 2712.18 - Procedure For Appointing Arbitral Tribunal.
  (A) The parties may agree on a procedure for appointing the arbitral tribunal. (B) If the parties fail to agree on an appointment procedure,...
• Section 2712.19 - Measures To Secure The Appointment Of An Arbitrator.
  Upon the request of a party, the court of common pleas may take the necessary measures to secure the appointment of an arbitrator, unless...
• Section 2712.20 - Appointing Arbitrators.
  In appointing an arbitrator, the court of common pleas shall consider all of the following: (A) Any qualifications required of the arbitrator by the...
• Section 2712.21 - Finality Of Decision Appointing Arbitrators.
  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...
• Section 2712.22 - Potential Arbitrators And Conciliators To Disclose Questionable Impartiality.
  Except as otherwise provided in this chapter, all persons whose names are submitted for consideration for appointment or designation as arbitrators or conciliators, or...
• Section 2712.23 - Obligation To Disclose Information.
  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...
• Section 2712.24 - Continuing Duty To Disclose Questionable Impartiality.
  From the time of appointment and throughout the arbitral proceedings, an arbitrator immediately shall disclose to the parties any circumstances referred to in section...
• Section 2712.25 - Challenging An Arbitrator.
  (A) The parties may agree on a procedure for challenging an arbitrator, and the decision reached pursuant to that procedure shall be final. (B)...
• Section 2712.26 - Circumstances Causing Challenge.
  (A) Unless otherwise agreed by the parties or pursuant to the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist...
• Section 2712.27 - Deciding Challenges.
  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...
• Section 2712.28 - Court Of Common Pleas To Review Challenge Decisions.
  (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...
• Section 2712.29 - Mandate Of Arbitrator Terminates.
  (A) The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his functions or for other reasons...
• Section 2712.30 - Replacing Arbitrator.
  (A) If the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules applicable to the appointment of the...
• Section 2712.31 - Jurisdiction Rulings.
  The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration...
• Section 2712.32 - Plea Of Lack Of Jurisdiction.
  A plea that the arbitral tribunal lacks jurisdiction shall be raised not later than the date of the submission of the statement of defense....
• Section 2712.33 - Exceeding Scope Of Authority Plea.
  A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be...
• Section 2712.34 - Admission Of Later Plea.
  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...
• Section 2712.35 - Court Review Of Ruling On Jurisdiction.
  (A) If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party, within thirty days after having received notice of...
• Section 2712.36 - Requests For Interim Measure Of Protection Order.
  (A) Unless otherwise agreed by the parties, the arbitral tribunal, at the request of a party, may order a party to take any measure...
• Section 2712.37 - Equal Opportunity To Present Case.
  The parties shall be treated with equality by, and each party shall be given a full opportunity to present his case before, the arbitral...
• Section 2712.38 - Agreement For Procedure.
  Subject to the provisions of this chapter, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the...
• Section 2712.39 - Tribunal To Determine Procedure.
  (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...
• Section 2712.40 - Place Of Arbitration Decision.
  The parties may agree on the place of arbitration within this state. If the parties do not reach such an agreement, the place of...
• Section 2712.41 - Place Of Meeting Of Arbitral Tribunal.
  Notwithstanding section 2712.40 of the Revised Code and unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers...
• Section 2712.42 - Language Used In Proceedings.
  The parties may agree upon the language or languages to be used in the arbitral proceedings. If the parties do not reach such an...
• Section 2712.43 - Arbitral Proceeding Commences On Date Of Request.
  Unless otherwise agreed by the parties, the arbitral proceedings concerning a particular dispute commence on the date on which a request for that dispute...
• Section 2712.44 - Timely Submission Of Statement Of Claims.
  (A) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting...
• Section 2712.45 - Amending Or Supplementing Statement Of Claim Or Defense.
  Unless otherwise agreed by the parties, either party may amend or supplement his statement of claim or defense during the course of the arbitral...
• Section 2712.46 - Oral Hearings And Meetings.
  (A) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for...
• Section 2712.47 - Notice Of Hearings Or Meetings.
  The arbitral tribunal shall give the parties sufficient advance notice of any hearing and of any meeting of the tribunal for the purpose of...
• Section 2712.48 - Information On Which The Tribunal May Rely To Be Communicated To All Parties.
  All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other...
• Section 2712.49 - Party's Failure To Appear Or Produce Documents.
  Unless otherwise agreed by the parties and unless a party shows sufficient cause for not doing so, if a party fails to appear at...
• Section 2712.50 - Experts.
  (A) Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to...
• Section 2712.51 - Assistance By Court Of Common Pleas.
  The arbitral tribunal, or a party with the approval of the tribunal, may request from the court of common pleas assistance in taking evidence,...
• Section 2712.52 - Consolidating Arbitration.
  (A) If the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising...
• Section 2712.53 - Designation Of Law Or Legal System.
  (A) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance...
• Section 2712.54 - Authorization For Decision Ex Aequo et Bono Or Amiable Compositeur.
  The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, only if the parties have expressly authorized it to do so....
• Section 2712.55 - Accordance With Contract - Usages Of Trade.
  In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of...
• Section 2712.56 - Decision Of Majority Or Presider.
  Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by...
• Section 2712.57 - Encouraging Settlement.
  It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement, and, with the agreement of the parties, the tribunal...
• Section 2712.58 - Record Of Settlement.
  If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not...
• Section 2712.59 - Form And Delivery Of Award.
  (A) An arbitral award shall be in writing and signed by the members of the arbitral tribunal. In arbitral proceedings with more than one...
• Section 2712.60 - Interim Arbitral Award.
  At any time during the arbitral proceedings, the arbitral tribunal may make an interim arbitral award on any matter with respect to which it...
• Section 2712.61 - Interest And Cost Allocation.
  (A) Unless otherwise agreed by the parties, the arbitral tribunal may award interest and costs and may allocate costs among the parties as it...
• Section 2712.62 - Request For Correction Of Errors Or Interpretation Of Award.
  (A) Within thirty days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties, a party...
• Section 2712.63 - Request Of Additional Award As To Claims Presented But Not Adjudicated.
  (A) Unless otherwise agreed by the parties, a party may request, within thirty days after receipt of the arbitral award, the arbitral tribunal to...
• Section 2712.64 - Time Extensions.
  The arbitral tribunal may extend the period of time within which it may make a correction, give an interpretation, or make an additional arbitral...
• Section 2712.65 - Terminating Proceedings.
  The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under section 2712.66 of the Revised...
• Section 2712.66 - Termination Order.
  The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when any of the following occurs: (A) The claimant withdraws...
• Section 2712.67 - Terminating Mandate Or Arbitrators.
  Subject to sections 2712.62 to 2712.65 of the Revised Code, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings....
• Section 2712.68 - Arbitrators' Immunity.
  No person who serves as an arbitrator shall be liable in an action for damages resulting from any act or omission in the performance...
• Section 2712.69 - Confirmation Or Vacation Of Award.
  (A) Any party to an arbitration within the scope of this chapter may apply to a court of common pleas in order to confirm...
• Section 2712.70 - Grounds For Confirmation Or Vacation Of Award.
  (A) A final award shall be vacated or declared not entitled to confirmation by the courts of this state only if one or more...
• Section 2712.71 - Relief Granted In Foreign Currency.
  The courts of this state shall confirm a final award, notwithstanding the fact that it grants relief in a currency other than United States...
• Section 2712.72 - Entering Judgment Or Decree.
  After an order confirming or vacating an award or declaring that an award is not entitled to confirmation by the courts of this state...
• Section 2712.73 - Appeal From Court Of Common Pleas.
  (A) An appeal may be taken from any of the following decisions rendered by the court of common pleas: (1) An order granting or...
• Section 2712.74 - Policy Of State To Encourage Arbitration Or Conciliation.
  It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation pursuant...
• Section 2712.75 - Guiding Principles.
  The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations...
• Section 2712.76 - Proceedings Of Conciliation.
  The conciliator or conciliators may conduct the conciliation proceedings in a manner that they consider appropriate, taking into account the circumstances of the case,...
• Section 2712.77 - Representation Or Assistance.
  The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party...
• Section 2712.78 - Draft Conciliation Statement.
  At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement that may include the assessment and apportionment of...
• Section 2712.79 - Acceptance Of Settlement.
  No party is required to accept any settlement proposed by the conciliator or conciliators. Effective Date: 10-23-1991
• Section 2712.80 - Evidence And Documents Admissibility And Disclosure.
  When persons agree to participate in conciliation under this chapter, all of the following apply: (A) Evidence of anything said or of any admission...
• Section 2712.81 - Stay Of Judicial And Arbitral Proceedings.
  The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all...
• Section 2712.82 - Conciliation Tolls Statute Of Limitations.
  All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under...
• Section 2712.83 - Terminating Conciliation Proceedings.
  The conciliation proceedings may be terminated as to all parties by any of the following at the time specified: (A) A written declaration of...
• Section 2712.84 - Terminating As To Particular Parties.
  The conciliation proceedings may be terminated as to particular parties by a written declaration of a party to the other party and the conciliator...
• Section 2712.85 - Participation Of Conciliator In Other Proceedings Involving Same Dispute.
  No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in,...
• Section 2712.86 - Waiving Rights And Remedies.
  By submitting to conciliation, no party shall be deemed to have waived any rights or remedies that the party would have had if conciliation...
• Section 2712.87 - Written Conciliation Agreement Treated As Arbitral Award.
  If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or...
• Section 2712.88 - Conciliation Costs.
  Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice of the costs to the...
• Section 2712.89 - Cost Apportionment - Immunity Of Conciliator.
  (A) The costs of the conciliation referred to in section 2712.88 of the Revised Code shall be borne equally by the parties unless the...
• Section 2712.90 - State Court Jurisdiction.
  Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in the proceedings, nor the entering into a conciliation...
• Section 2712.91 - Chapter Provisions Classified As Substantive.
  If, in any arbitral, judicial, or other official proceeding within or without this state, it becomes necessary to classify any provision of this chapter...

Last modified: October 10, 2016