(A) 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 the arbitration proceed in the manner provided for in the written agreement. Five days' notice in writing of that petition shall be served upon the party in default. Service 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 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.
(B) If the making of the arbitration agreement or the failure to perform it is in issue in a petition filed under division (A) of this section, the court shall proceed summarily to the trial of that issue. If no jury trial is demanded as provided in this division, the court shall hear and determine that issue. Except as provided in division (C) of this section, if the issue of the making of the arbitration agreement or the failure to perform it is raised, either party, on or before the return day of the notice of the petition, may demand a jury trial of that issue. Upon the party's demand for a jury trial, 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 under the agreement, 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 under the agreement, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with that agreement.
(C) If a written agreement for arbitration is included in a commercial construction contract and the making of the arbitration agreement or the failure to perform it is in issue in a petition filed under division (A) of this section, the court shall proceed summarily to the trial of that issue, and the court shall hear and determine that issue.
Notes of Decisions
Cited in 156
cases (56 in the last 5 years), 1967–2026 · leading case: Maestle v. Best Buy Co., 2003 Ohio 6465 (Ohio 2003).
Maestle v. Best Buy Co., 2003 Ohio 6465 (Ohio 2003). · cites it 26דRather than ruling on the merits, the court of appeals determined that the trial court’s order was procedurally flawed because the trial court had neglected to hold an R.C. 2711.03 hearing. R.C. 2711.03 allows a party that claims to be aggrieved by another party’s alleged…”
Eagle v. Fred Martin Motor Co., 809 N.E.2d 1161 (Ohio Ct. App. 2004). · cites it 8ד{¶ 15} Revised Code Chapter 2711 authorizes direct enforcement of arbitration agreements through an order to compel arbitration pursuant to R.C. 2711.03, and indirect enforcement of such agreements pursuant to an order staying trial court proceedings under R.”
Church v. Fleishour Homes, Inc., 874 N.E.2d 795 (Ohio Ct. App. 2007). · cites it 12ד98AP-1255 and 98AP-1256, 1999 WL 744341 . {¶ 21} DHI did not file a petition to stay the trial court proceedings under R.”
Chrysler Fin. Servs. v. Henderson, 2011 Ohio 6813 (Ohio Ct. App. 2011). · cites it 16ד2 Appellants did not mention R.C. 2711.03 in their motion to compel or motion to stay.”
State ex rel. City of Westlake v. Corrigan, 860 N.E.2d 1017 (Ohio 2007). · cites it 13דShimola later filed a motion to rescind the arbitration agreement, vacate the arbitration decision, set the case for a jury trial, and defer ruling on the remaining aspects of the motion pending a jury trial on his separate case for enforcement of the arbitration agreement under…”
SW Acquisition Co., Inc. v. Akzo Nobel Paints, L.L.C., 2021 Ohio 309 (Ohio Ct. App. 2021). · cites it 15דThe complaint, which was amended in December 2018, contained a single prayer for relief that sought to compel arbitration pursuant to R.C. 2711.03. Relevant to this appeal, the amended complaint alleged as follows: 12.”
Robie v. Maxill, Inc., 2021 Ohio 2644 (Ohio Ct. App. 2021). · cites it 15ד{¶24} In January 2021, the trial court issued an order that stated as follows: {¶25} “Upon review of ‘Defendant’s Petition to Stay Proceedings Pending Arbitration Pursuant t[o] ORC 2711.03’ as well as Exhibit A attached to the Petition, the Court finds the matter should be…”
Divine Constr. Co. v. Ohio-Am. Water Co., 599 N.E.2d 388 (Ohio Ct. App. 1991). · cites it 8דR.C. 2711.03 covers the procedure required where enforcement of an arbitration agreement is sought.”
ABM Farms, Inc. v. Woods, 692 N.E.2d 574 (Ohio 1998). · cites it 3דArbitration has become a fact of life for virtually everyone who enters into a brokerage agreement. Today, all these forces collide with an admittedly unsophisticated farmer who wants her day in court.”
Snyder v. Old World Classics, L.L.C., 2023 Ohio 4019 (Ohio Ct. App. 2023). · cites it 10ד{¶6} R.C. 2711.03 governs motions to compel arbitration and provides, in part: 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…”
Costin v. Midwest Vision Partners, L.L.C., 2024 Ohio 463 (Ohio Ct. App. 2024). · cites it 17דThe Ohio Arbitration Act allows for direct enforcement of arbitration agreements through an order to compel arbitration under R.C. 2711.03 or indirect enforcement through an order staying proceedings under R.”
SW Acquisition Co., Inc. v. Akzo Nobel Paints, L.L.C., 2021 Ohio 309 (Ohio Ct. App. 2021). “The complaint, which was amended in December 2018, contained a single prayer for relief that sought to compel arbitration pursuant to R.C. 2711.03. Relevant to this appeal, the amended complaint alleged as follows: 12.”
Eagle v. Fred Martin Motor Co., 809 N.E.2d 1161 (Ohio Ct. App. 2004). “{¶ 15} Revised Code Chapter 2711 authorizes direct enforcement of arbitration agreements through an order to compel arbitration pursuant to R.C. 2711.03, and indirect enforcement of such agreements pursuant to an order staying trial court proceedings under R.”
Costin v. Midwest Vision Partners, L.L.C., 2024 Ohio 463 (Ohio Ct. App. 2024). “The Ohio Arbitration Act allows for direct enforcement of arbitration agreements through an order to compel arbitration under R.C. 2711.03 or indirect enforcement through an order staying proceedings under R.”
Eagle v. Fred Martin Motor Co., 809 N.E.2d 1161 (Ohio Ct. App. 2004). “{¶ 15} Revised Code Chapter 2711 authorizes direct enforcement of arbitration agreements through an order to compel arbitration pursuant to R.C. 2711.03, and indirect enforcement of such agreements pursuant to an order staying trial court proceedings under R.”
Church v. Fleishour Homes, Inc., 874 N.E.2d 795 (Ohio Ct. App. 2007). “98AP-1255 and 98AP-1256, 1999 WL 744341 . {¶ 21} DHI did not file a petition to stay the trial court proceedings under R.”
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