In the case of BST Ohio Corp. v. Wolgang, Slip Opinion No. 2021-Ohio-1785, the Supreme Court of Ohio held that R.C. 2711.13 requires a party to file a motion to vacate, modify, or correct an arbitration award within three months, but this three-month period may be shortened in the court’s discretion based on a motion to confirm the award.
The corporations in this case argued that in reading both R.C. 2711.09 and R.C. 2711.13 together, a court has a duty to timely confirm an arbitration award once a party applies for confirmation, but is not required to provide the entire three-month window to vacate, modify, or correct the award.
The individuals argued that the statute requires a three-month waiting period, regardless of a motion to confirm. The Supreme Court disagreed.
The Supreme Court held that the three-month period provided by R.C. 2711.13 is not a guaranteed time in which to file a motion, but is instead the outside time available to an aggrieved party.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.