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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 401 |
REPRESENTATIVE SALERNO
A BILL
To amend sections 2711.02 and 2711.03 of the Revised Code to make certain
changes in the Arbitration Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2711.02 and 2711.03 of the Revised Code be amended to
read as follows:
Sec. 2711.02. If any action is brought upon any issue
referable to arbitration under an agreement in writing for
arbitration, the court in which the action is pending, upon being
satisfied that the issue involved in the action is referable to
arbitration under an agreement in writing for arbitration, shall
on application of one of the parties stay the trial of the action
until the arbitration of the issue has been had in accordance
with the agreement, provided the applicant for the stay is not in
default in proceeding with arbitration. An order under this
section that grants or denies a stay of a trial of any action
pending arbitration, including, but not limited to, an order that
is based upon a determination of the court that a party has
waived arbitration under the arbitration agreement, is a final
order and may be reviewed, affirmed, modified, or reversed on
appeal pursuant to the Rules of Appellate Procedure and, to the
extent not in conflict with those rules, Chapter 2505. of the
Revised Code.
Sec. 2711.03. The party aggrieved by the alleged failure of another to
perform under a written agreement for arbitration may petition any court of
common pleas having jurisdiction of the party so failing to perform for an
order directing that such arbitration proceed in the manner provided for in
such THE WRITTEN agreement. Five days' notice in writing of
such application shall be
served upon the party in default. Service thereof OF THE NOTICE
shall be made in the manner
provided for the service of a summons. The court shall hear the parties,
and,
upon being satisfied that the making of the agreement for arbitration or the
failure to comply
therewith WITH THE AGREEMENT is not in issue, the court shall
make an order directing the
parties
to proceed to arbitration in accordance with the agreement. If the making of
the arbitration agreement or the failure to perform it is in issue, the court
shall proceed summarily to the trial thereof. If no jury trial is
demanded, OF THAT ISSUE AND
the court shall hear and determine such THAT issue. When
such an issue is
raised,
either party may, on or before the return day of the notice of application,
demand a jury trial of such issue, and upon such demand the court shall make
an order referring the issue to a jury called and impaneled in the manner
provided in civil actions. If the jury finds that no agreement in writing for
arbitration was made or that there is no default in proceeding thereunder, the
proceeding shall be dismissed. If the jury finds that an agreement for
arbitration was made in writing and that there is a default in proceeding
thereunder, the court shall make an order summarily directing the parties to
proceed with the arbitration in accordance with such agreement.
Section 2. That existing sections 2711.02 and 2711.03 of the Revised Code are
hereby repealed.
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