Reznik v. OH Canon Constr., L.L.C.

Citations

• 2019 Ohio 1350

Syllabus

Arbitration agreement motion to stay motion to compel arbitration R.C. 2711.02 R.C. 2711.03 hearing. Judgment reversed and remanded for a hearing. The trial court's grant of defendants' motion to compel arbitration without a hearing was improper. A party may choose to move for a stay, petition for an order to compel arbitration, or seek both. A motion to compel arbitration and a motion to stay proceedings are separate and distinct procedures that serve different purposes. In enforcing motions to compel arbitration under R.C. 2711.03, the trial court must engage in a two step process. First, the court is mandated to hold a hearing to determine whether the validity of the arbitration provision is in issue an the case at hand. Second, if the court finds this is an issue, \it shall proceed summarily to the trial.\ In the instant case, there was no discovery or evidence before the trial court for it to adequately determine if the arbitration clause applies, even though there is a separate disputes provision stating that claims and disagreements shall be subject to legal proceedings in any court having jurisdiction over the matter. Defendants acknowledged this inconsistency in the contract.