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Ohio Statutes, Title 27

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Title 27, Title 27. Courts-General Provisions-Special Remedies

28 chapters · 552 sections in this title.

All chapters in Title 27552 Ch 2712, Chapter 2712 | International Commerc…91 Ch 2715, Chapter 2715 | Attachment58 Ch 2743, Chapter 2743 | Court Of Claims55 Ch 2733, Chapter 2733 | Quo Warranto40 Ch 2713, Chapter 2713 | Arrest And Bail29 Ch 2725, Chapter 2725 | Habeas Corpus27 Ch 2729, Chapter 2729 | Lost And Destroyed Re…21 Ch 2711, Chapter 2711 | Arbitration20 Ch 2737, Chapter 2737 | Replevin20 Ch 2701, Chapter 2701 | Courts Of Record - Ge…17 Ch 2721, Chapter 2721 | Declaratory Judgments17 Ch 2717, Chapter 2717 | Change Of Name16 Ch 2731, Chapter 2731 | Mandamus16 Ch 2716, Chapter 2716 | Garnishment15

552 sections·Filtered byTitle 27✕

Ohio Rev. Code Ann. § 2712.28 Court of common pleas to review challenge decisions
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(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 on it. If a chal…
Ohio Rev. Code Ann. § 2712.29 Mandate of arbitrator terminates
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(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 the termination of his mandate. The withdrawal or agree…
Ohio Rev. Code Ann. § 2712.30 Replacing arbitrator
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(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) Any hear…
Ohio Rev. Code Ann. § 2712.31 Jurisdiction rulings
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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 agreement independent of…

Showing 101–150 of 552

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Ohio Rev. Code Ann. § 2712.32 Plea of lack of jurisdiction

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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 in the appointment of, an arbitrator.

Ohio Rev. Code Ann. § 2712.33 Exceeding scope of authority plea

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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.

Ohio Rev. Code Ann. § 2712.34 Admission of later plea

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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 preliminary question or in an award on the merits.

Ohio Rev. Code Ann. § 2712.35 Court review of ruling on jurisdiction

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(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 have waived objection to that rulin…

Ohio Rev. Code Ann. § 2712.36 Requests for interim measure of protection order

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(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 arbitral tribunal may require a pa…

Ohio Rev. Code Ann. § 2712.37 Equal opportunity to present case

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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.

Ohio Rev. Code Ann. § 2712.38 Agreement for procedure

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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.

Ohio Rev. Code Ann. § 2712.39 Tribunal to determine procedure

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(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 section includes the…

Ohio Rev. Code Ann. § 2712.40 Place of arbitration decision

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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 convenience of the parties.

Ohio Rev. Code Ann. § 2712.41 Place of meeting of arbitral tribunal

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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 appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents,…

Ohio Rev. Code Ann. § 2712.42 Language used in proceedings

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The parties may agree upon the language or languages to be used in the arbitral proceedings. If the parties do not reach such an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. Unless otherwise specified, the agreement or …

Ohio Rev. Code Ann. § 2712.43 Arbitral proceeding commences on date of request

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Unless otherwise agreed by the parties, the arbitral proceedings concerning a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

Ohio Rev. Code Ann. § 2712.44 Timely submission of statement of claims

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(A) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claims, the points at issue, and the relief or remedy sought, and the respondent shall state his defenses regarding these particulars…

Ohio Rev. Code Ann. § 2712.45 Amending or supplementing statement of claim or defense

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Unless otherwise agreed by the parties, either party may amend or supplement his statement of claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in…

Ohio Rev. Code Ann. § 2712.46 Oral hearings and meetings

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(A) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials.(B) Unless the parties h…

Ohio Rev. Code Ann. § 2712.47 Notice of hearings or meetings

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The arbitral tribunal shall give the parties sufficient advance notice of any hearing and of any meeting of the tribunal for the purpose of inspection of documents, goods, or other property.

Ohio Rev. Code Ann. § 2712.48 Information on which the tribunal may rely to be communicated to all parties

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All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the tribunal may rely in making its decision shall be communic…

Ohio Rev. Code Ann. § 2712.49 Party's failure to appear or produce documents

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Unless otherwise agreed by the parties and unless a party shows sufficient cause for not doing so, if a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence…

Ohio Rev. Code Ann. § 2712.50 Experts

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(A) Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the tribunal and may require a party to give the expert any relevant information or to produce, or to provide access to, any re…

Ohio Rev. Code Ann. § 2712.51 Assistance by court of common pleas

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The arbitral tribunal, or a party with the approval of the tribunal, may request from the court of common pleas assistance in taking evidence, including requests for foreign judicial assistance, and the court shall execute the request within its competence and according to its ru…

Ohio Rev. Code Ann. § 2712.52 Consolidating arbitration

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(A) If the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the court of common pleas, on application by one party with the consent of a…

Ohio Rev. Code Ann. § 2712.53 Designation of law or legal system

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(A) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute. Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expresse…

Ohio Rev. Code Ann. § 2712.54 Authorization for decision ex aequo et bono or amiable compositeur

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The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, only if the parties have expressly authorized it to do so.

Ohio Rev. Code Ann. § 2712.55 Accordance with contract - usages of trade

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In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

Ohio Rev. Code Ann. § 2712.56 Decision of majority or presider

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Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. However, if authorized by the parties or all the members of the arbitral tribunal, questions of …

Ohio Rev. Code Ann. § 2712.57 Encouraging settlement

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It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement, and, with the agreement of the parties, the tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to encourage settlement.

Ohio Rev. Code Ann. § 2712.58 Record of settlement

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If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the tribunal, record the settlement in the form of an arbitral award on agreed terms. An arbitral award o…

Ohio Rev. Code Ann. § 2712.59 Form and delivery of award

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(A) An arbitral award shall be in writing and signed by the members of the arbitral tribunal. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the tribunal shall be sufficient if the reason for any omitted signature is st…

Ohio Rev. Code Ann. § 2712.60 Interim arbitral award

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At any time during the arbitral proceedings, the arbitral tribunal may make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final award.

Ohio Rev. Code Ann. § 2712.61 Interest and cost allocation

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(A) Unless otherwise agreed by the parties, the arbitral tribunal may award interest and costs and may allocate costs among the parties as it considers appropriate. In making an order awarding or allocating costs, the tribunal may include as costs any of the following:(1) The fee…

Ohio Rev. Code Ann. § 2712.62 Request for correction of errors or interpretation of award

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(A) Within thirty days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties, a party may request the arbitral tribunal to correct any computation, clerical, typographical, or other errors of a similar nature. If agreed by the part…

Ohio Rev. Code Ann. § 2712.63 Request of additional award as to claims presented but not adjudicated

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(A) Unless otherwise agreed by the parties, a party may request, within thirty days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award. If the t…

Ohio Rev. Code Ann. § 2712.64 Time extensions

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The arbitral tribunal may extend the period of time within which it may make a correction, give an interpretation, or make an additional arbitral award under section 2712.62 or 2712.63 of the Revised Code.

Ohio Rev. Code Ann. § 2712.65 Terminating proceedings

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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 Code. The award is final upon the expiration of the applicable periods set forth in sections 2712.62 to 2712.64 of the Revised Code.

Ohio Rev. Code Ann. § 2712.66 Termination order

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The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when any of the following occurs:(A) The claimant withdraws his claim, unless the respondent objects to the order and the tribunal recognizes a legitimate interest of the respondent in obta…

Ohio Rev. Code Ann. § 2712.67 Terminating mandate or arbitrators

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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.

Ohio Rev. Code Ann. § 2712.68 Arbitrators' immunity

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No person who serves as an arbitrator shall be liable in an action for damages resulting from any act or omission in the performance of his duties as an arbitrator in any proceedings subject to this chapter.

Ohio Rev. Code Ann. § 2712.69 Confirmation or vacation of award

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(A) Any party to an arbitration within the scope of this chapter may apply to a court of common pleas in order to confirm or vacate any final award of an arbitral tribunal or to declare that the award is not entitled to confirmation by the courts of this state. The court shall di…

Ohio Rev. Code Ann. § 2712.70 Grounds for confirmation or vacation of award

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(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…

Ohio Rev. Code Ann. § 2712.71 Relief granted in foreign currency

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The courts of this state shall confirm a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars. In such a case, the court, in addition to entering the order in a foreign currency designated by the award, upon application by a p…

Ohio Rev. Code Ann. § 2712.72 Entering judgment or decree

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After an order confirming or vacating an award or declaring that an award is not entitled to confirmation by the courts of this state has been rendered, a judgment or decree shall be entered in conformity with that order to be enforced in the same manner as any other judgment or …

Ohio Rev. Code Ann. § 2712.73 Appeal from court of common pleas

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(A) An appeal may be taken from any of the following decisions rendered by the court of common pleas:(1) An order granting or denying an application to compel or to stay arbitration;(2) An order granting or denying an application for assistance in obtaining evidence or an applica…

Ohio Rev. Code Ann. § 2712.74 Policy of state to encourage arbitration or conciliation

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It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation pursuant to section 2712.03 of the Revised Code, to resolve disputes arising from the agreement or transaction through concil…

Ohio Rev. Code Ann. § 2712.75 Guiding principles

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The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including…

Ohio Rev. Code Ann. § 2712.76 Proceedings of conciliation

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The conciliator or conciliators may conduct the conciliation proceedings in a manner that they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provi…

Ohio Rev. Code Ann. § 2712.77 Representation or assistance

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The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be an attorney or licensed to practice law in this state.