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Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018)

Author: Ryan R. Deroo

12/20/2018

Read the full post at Constructlaw

Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

This case arose out of a dispute between homeowners and their contractor. Dissatisfied with the work, the Paulozzis sued their contractor, Parkview Custom Homes, alleging, inter alia, breach of contract, unjust enrichment, and fraud. In response, Parkview moved to stay the litigation and compel arbitration under the agreement’s arbitration provision.

The parties did not dispute that the contract required the Paulozzis to proceed through arbitration. But the contract also specified that “the arbitration shall be conducted under the auspices of the Ohio Arbitration and Mediation Center in accordance with its rules, at Cleveland, Ohio.” However, when the Paulozzis filed suit, the OAMC appeared to be defunct.

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