Ohio § 2712.69

§ 2712.69.

(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 dispose of all such applications as provided in division (B) of

this section without regard to the law of the place of arbitration, the law governing

the award, or whether a court would apply the law or decisional principles applied

by the arbitral tribunal or would grant the relief granted in the award. (B)(1) The court of common pleas shall grant an application to confirm the award without

regard to the place of arbitration unless one of the grounds set forth in section 2712.70 of the Revised Code is established as an affirmative defense.  If such an affirmative defense is established and the conditions of division (B)(2)

of this section are met, the court shall vacate the award without regard to any time

limit contained in this section.  If such an affirmative defense is established and the conditions of division (B)(2)

of this section are not met, the court shall issue an order declaring the award is

not entitled to confirmation by the courts of this state. (2) The court of common pleas shall grant an application to vacate the award if the applicant

establishes one of the grounds set forth in section 2712.70 of the Revised Code and either the place of arbitration was in this state or the arbitration was subject

to the laws of this state. (3) The court of common pleas shall declare that the award is not entitled to confirmation

by the courts of this state if the applicant establishes one or more of the grounds

set forth in section 2712.70 of the Revised Code , but the place of arbitration was not in this state or the arbitration was not subject

to the laws of this state. (C) In any action under divisions (A) and (B) of this section, the judgment of a court

of a foreign nation determining whether one or more of the grounds established in section 2712.70 of the Revised Code is established shall be accorded the effect normally given the judgment of a court

of a foreign nation by the courts of this state. (D) The applications referred to in divisions (A) and (B) of this section shall be brought

within the following time limits: (1) An application to confirm an award shall be brought within the time provided for

in the Revised Code for the enforcement of judgments. (2) An application to vacate an award or for a declaration that the award is not entitled

to confirmation by the courts of this state shall be brought within ninety days of

receipt of the final award by the applicant or, in the case of an application based

on division (A)(4) or (5) of section 2712.70 of the Revised Code, within ninety days

of the date when the circumstances giving rise to the application were discovered

or, with the exercise of due diligence, should have been discovered by the applicant. (E) If any party to an arbitration dies or becomes incompetent, a court may extend the

time limits set forth in division (D) of this section. (F) In considering an application filed under divisions (A) and (B) of this section,

a court may modify or correct the award for any evident miscalculation or mistake

in the description of any person or property or for any imperfection of form not affecting

the merits. (G) A judgment or decree of a court of this state confirming an award, upon application,

may be vacated at any time on the ground set forth in division (A)(4) or (5) of section

2712.70 of the Revised Code, provided the application is made within ninety days of

the date when the circumstances giving rise to the application were first discovered

or, with the exercise of due diligence, should have been discovered by the applicant. (H) If a final award has been reduced to judgment or made the subject of official action

by any court, tribunal, or other governmental authority outside the United States,

the courts of this state, except as provided in division (C) of this section, shall

confirm, vacate, or declare the award not entitled to confirmation by the courts of

this state without regard to any term of the foreign judgment or official action and

without regard to whether the award may be deemed merged into the judgment. (I)(1) For the purposes of this section and section 2712.70 of the Revised Code , an arbitral award shall be considered a final award unless any of the following

applies: (a) It expressly is designated an interim or interlocutory award or by its terms is not

final. (b) An application to vacate, clarify, correct, or amend the award is pending before

the arbitral tribunal. (c) Under the rules applicable to the arbitration, it is subject to further review by

any arbitral authority. (2) For the purposes of the law of this state, an award that is final as described in

division (I)(1) of this section shall be deemed final regardless of whether judicial

confirmation or other official action is necessary to render that award final within

the contemplation of any foreign law that may be applicable to the arbitration.