scope of the arbitration clause in Ohio

2024Opportunity Comm. v. Waffle House, 534 U.S. 279, 294 , 122 S.Ct. 754 , 151 L.Ed.2d 755 (2002). {¶23} Therefore, when a trial court is deciding whether to grant a motion to compel arbitration, “the proper focus is whether the parties actually agreed to arbitrate the issue, i.e., the scope of the arbitration clause.” Taylor at ¶ 20, citing Waffle House at 294 .

2024Opportunity Comm. v. Waffle House, 534 U.S. 279, 294 , 122 S.Ct. 754 , 151 L.Ed.2d 755 (2002). {¶23} Therefore, when a trial court is deciding whether to grant a motion to compel arbitration, “the proper focus is whether the parties actually agreed to arbitrate the issue, i.e., the scope of the arbitration clause.” Taylor at ¶ 20, citing Waffle House at 294 .

2020In now being treated relatively equally with employees in the private- sector, public employees have been removed from second-class citizenship.” Id. at 4-5 . 11 Analytical Framework {¶50} According to the Supreme Court of Ohio, “‘[a]n arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected.’” Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio S

2017In Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio St.3d 185 , 2006-Ohio-657 , 842 N.E.2d 488 , the Ohio Supreme Court addressed whether the court of appeals employed a proper test for determining the scope of the arbitration clause, i.e., whether the parties agreed to submit this dispute to arbitration.

2012An arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected.” Id. at 471 . -6- Case No. 5-12-08 A court should not deny an arbitration clause in a contract unless it may be said with positive assurance that the clause is not susceptible of an interpretation that covers the asserted dispute, with any doubts resolved in favor of arbitration.

2002Co., 83 Ohio St.3d 464 . 471, 1998-Ohio-294 , 700 N.E.2d 859 : "An arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected." "Any uncertainty regarding the applicability of an arbitration clause should be resolved in favor of coverage." Smith, supra. at 684 . {¶ 23} The first issue that must be addressed by this Court is whether appellee's claims against appel

2017Sasaki v. McKinnon, 124 Ohio App.3d 613, 616 , 707 N.E.2d 9 (8th Dist.1997); Gaffney v. Powell, 107 Ohio App.3d 315, 320 , 668 N.E.2d 951 (1st Dist.1995).

2017Sasaki v. McKinnon, 124 Ohio App.3d 613, 616 , 707 N.E.2d 9 (8th Dist.1997); Gaffney v. Powell, 107 Ohio App.3d 315, 320 , 668 N.E.2d 951 (1st Dist.1995).

1996“Ambiguities as to the scope of the arbitration clause itself should be resolved in favor of arbitration.” Gaffney v. Powell (1995), 107 Ohio App.3d 315 , 668 N.E.2d 951 , citing Volt Information Sciences v. Bd. of Trustees (1989), 489 U.S. 468, 476 , 109 S.Ct. 1248, 1254 , 103 L.Ed.2d 488, 498 ; Gujrati v. Dech (Aug. 16, 1995), Summit App. No. C.A. 16966, unreported, 1995 WL 500153 .

1996“Ambiguities as to the scope of the arbitration clause itself should be resolved in favor of arbitration.” Gaffney v. Powell (1995), 107 Ohio App.3d 315 , 668 N.E.2d 951 , citing Volt Information Sciences v. Bd. of Trustees (1989), 489 U.S. 468, 476 , 109 S.Ct. 1248, 1254 , 103 L.Ed.2d 488, 498 ; Gujrati v. Dech (Aug. 16, 1995), Summit App. No. C.A. 16966, unreported, 1995 WL 500153 .

2019Summit No. 22211, 2005-Ohio-1129, ¶ 16 .

2008No. 22211, 2005-Ohio-1129 , at ¶ 16 . {¶ 9} Here, appellees expressly requested an order to enforce the arbitration agreement, not merely a stay so that arbitration might proceed.

2014Corp., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983); see also Gaffney v. Powell (1995), 107 Ohio App.3d 315, 320 , 668 N.E.2d 951 (recognizing that “[a]mbiguities as to the scope of the arbitration clause itself should be resolved in favor of arbitration”); Artex Oil Co. v. Energy Sys.

2014Corp., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983); see also Gaffney v. Powell (1995), 107 Ohio App.3d 315, 320 , 668 N.E.2d 951 (recognizing that “[a]mbiguities as to the scope of the arbitration clause itself should be resolved in favor of arbitration”); Artex Oil Co. v. Energy Sys.

2014An arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected." Id. at 471 . {¶12} Pertinent to this appeal, if an action has been filed by one of the parties to an arbitration agreement raising issues which may be arbitrable pursuant to their written agreement, the other party may move the trial court for a stay of those proceedings "until the arbitration of the

2013An arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, - 5- an arbitration clause is to be upheld just as any other provision in a contract should be respected." Id. at 471 . {¶15} The Ohio Supreme Court has noted there is a "strong public policy favoring arbitration" in Ohio as developed through case law over many years.

2007Because arbitration is a matter of contract, "a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." Peters , supra, at ¶ 11 .

2006"An arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected." Id. {¶ 10} Because arbitration is a matter of contract, "a party cannot be required to submit to arbitration any dispute which [she] has not agreed so to submit." Peters v. Columbus Steel Castings Co., Franklin App. No. 05AP-308, 2006-Ohio-382, at ¶ 11 , quoting Council of Smaller Enterprises v. Gat

2024Hayes v. Oakridge Home, 2009-Ohio-2054, ¶ 19 , citing R.C. 2711.01(A). “[T]o defeat a motion under R.C. 2711.02 for a stay of litigation a party must demonstrate that the arbitration provision itself, and not merely the contract in general, is unenforceable.” Norman v. Schumacher Homes of Circleville, Inc., 2013-Ohio-2687, ¶ 16 (4th Dist.), citing Taylor Building Corp. of Am. v. Benfield, 2008-Ohio-938 , ¶ 41. {¶37} Generally, when an action involves both arbitrable and non-arbitrable claims, the court proceeding must be stayed, and the matters referable to arbitration must be resolved first.

2023Cuyahoga No. 101959, 2015-Ohio-3765 , on which the majority relies, there was no serious dispute that the employee’s race discrimination claim fell within the scope of the arbitration clause; he agreed to arbitrate all claims and controversies relating to his employment and 16 Case No. 2021-L-122 termination, including claims for race discrimination.

2023A hearing is especially necessary when the parties contest the scope of the arbitration clause.” * * * Whether a motion to compel arbitration is filed “alone or in combination with a motion to stay the proceedings, the trial court must conduct a hearing.” * * * “When the record indicates that the trial court did not conduct a hearing, this Court will reverse without addressing the merits of the trial court’s decision.” Id.

2022Id. at 80-81 . {¶ 38} Therefore, as the Fourth Circuit Court of Appeals has explained, “[g]eneral arbitration clauses, such as those referring to ‘all disputes’ or ‘all disputes concerning the interpretation of the agreement,’ taken alone do not meet the clear and unmistakable requirement of [Wright].” Carson v. Giant Food, Inc., 175 F.3d 325, 332 (4th Cir.1999).

2020In now being treated relatively equally with employees in the private- sector, public employees have been removed from second-class citizenship.” Id. at 4-5 . 11 Analytical Framework {¶50} According to the Supreme Court of Ohio, “‘[a]n arbitration clause in a contract is generally viewed as an expression that the parties agree to arbitrate disagreements within the scope of the arbitration clause, and, with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected.’” Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio S

2018Cuyahoga, 2015-Ohio-4485 , 48 N.E.3d 69 , ¶ 28, quoting Taylor v. Ernst & Young, L.L.P. , 130 Ohio St.3d 411 , 2011-Ohio-5262 , 958 N.E.2d 1203 .

2015Cuyahoga No. 82316, 2003-Ohio-5935, ¶ 12 . {¶28} The Taylor court explained: Accordingly, when deciding motions to compel arbitration, the proper focus is whether the parties actually agreed to arbitrate the issue, i.e., the scope of the arbitration clause, not the general policies of the arbitration statutes. [EEOC v.] Waffle House[, Inc.], 534 U.S. [279] at 294[, 122 S.Ct. 754 , 151 L.Ed.2d 755 (2002)].

2014“As a matter of law, any doubts [or ambiguities] concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.” A court should not deny arbitration of a claim 9 unless it is clear that the clause is not susceptible of an interpretation that covers the asserted dispute, with any doubts resolved in favor of arbitration. {¶ 18} The trial court noted that “[s]imilarly, the court’s holding must comport with the standard articu