Potential conflict in arbitration case

The Ninth District has just released a decision in Kelsey v. Carrington Homes, Inc., in which it held that a trial court must conduct an evidentiary hearing before compelling the parties to arbitrate a dispute.

This holding appears to conflict with that of at least one other appellate district, and may be a candidate for review by the Supreme Court as a certified conflict.

Arbitration award vacated due to "evident partiality" of the arbitrator

Bear with me as I catch up on decisions announced over the last week, as I was in trial.

The Twelfth District in City of Mason v. Mason Professional Firefighters IAFF Local 4049 has vacated an arbitration award in favor of the union due to the "evident partiality" of the arbitrator, based on the arbitrator's role as executive director of a union-advocacy group.

Arbitration clause doesn't divest courts of subject-matter jurisdiction

So says the Tenth District today in Minkin v. Ohio State Home Services.