Case Details
- Judge(s)
- Gallagher
- Status
- Published
- Procedural Posture
- trial verdict
Related Laws
No specific laws identified for this ruling.
Excerpt
Arbitration motion compel stay de novo contract whole context language intent arbitration clause placement subsection fee disputes Rules of Professional Conduct Ohio Prof.Cond.R. 1.5(f). Affirmed trial court's decision that denied defendants-appellants' motion to compel arbitration pursuant to R.C. 2711.03, to stay proceedings pursuant to R.C. 2711.02 and/or for order of dismissal. Upon examining the contract as a whole and reading the words of the arbitration clause in context, it was determined that the clear intent of the contracting parties was to limit the arbitration clause to disputes involving the division of attorney fees after termination of the employment agreement. The arbitration clause was placed within a subsection to the section of the agreement pertaining to the division of attorney fees, and the language referenced the Rules of Professional Conduct and any other requirements mandated by the Ohio Supreme Court for resolution of disputes between attorneys, which is consistent with arbitrating fee disputes pursuant to Ohio Prof.Cond.R. 1.5(f). Parties cannot be compelled to arbitrate a dispute they have not agreed to submit to arbitration.
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