As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 401 5
1999-2000 6
REPRESENTATIVE SALERNO 8
_________________________________________________________________ 9
A B I L L
To amend sections 2711.02 and 2711.03 of the Revised 11
Code to make certain changes in the Arbitration 12
Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 14
Section 1. That sections 2711.02 and 2711.03 of the 16
Revised Code be amended to read as follows: 17
Sec. 2711.02. If any action is brought upon any issue 26
referable to arbitration under an agreement in writing for 27
arbitration, the court in which the action is pending, upon being 28
satisfied that the issue involved in the action is referable to 29
arbitration under an agreement in writing for arbitration, shall 30
on application of one of the parties stay the trial of the action 31
until the arbitration of the issue has been had in accordance 32
with the agreement, provided the applicant for the stay is not in 33
default in proceeding with arbitration. An order under this 34
section that grants or denies a stay of a trial of any action 35
pending arbitration, including, but not limited to, an order that 36
is based upon a determination of the court that a party has 37
waived arbitration under the arbitration agreement, is a final 38
order and may be reviewed, affirmed, modified, or reversed on 39
appeal pursuant to the Rules of Appellate Procedure and, to the 40
extent not in conflict with those rules, Chapter 2505. of the 41
Revised Code. 42
Sec. 2711.03. The party aggrieved by the alleged failure 51
of another to perform under a written agreement for arbitration 52
may petition any court of common pleas having jurisdiction of the 53
2
party so failing to perform for an order directing that such 54
arbitration proceed in the manner provided for in such THE 55
WRITTEN agreement. Five days' notice in writing of such 56
application shall be served upon the party in default. Service 57
thereof OF THE NOTICE shall be made in the manner provided for 59
the service of a summons. The court shall hear the parties, and, 60
upon being satisfied that the making of the agreement for 61
arbitration or the failure to comply therewith WITH THE AGREEMENT 63
is not in issue, the court shall make an order directing the 64
parties to proceed to arbitration in accordance with the 66
agreement. If the making of the arbitration agreement or the 67
failure to perform it is in issue, the court shall proceed 68
summarily to the trial thereof. If no jury trial is demanded, OF 69
THAT ISSUE AND the court shall hear and determine such THAT 70
issue. When such an issue is raised, either party may, on or 73
before the return day of the notice of application, demand a jury 74
trial of such issue, and upon such demand the court shall make an 75
order referring the issue to a jury called and impaneled in the
manner provided in civil actions. If the jury finds that no 76
agreement in writing for arbitration was made or that there is no 77
default in proceeding thereunder, the proceeding shall be 78
dismissed. If the jury finds that an agreement for arbitration 79
was made in writing and that there is a default in proceeding
thereunder, the court shall make an order summarily directing the 80
parties to proceed with the arbitration in accordance with such 81
agreement.
Section 2. That existing sections 2711.02 and 2711.03 of 83
the Revised Code are hereby repealed. 84