Are there any defenses to an arbitration agreement?

Yes, there are several defenses to an arbitration agreement in Ohio. One of the most common defenses is that the arbitration agreement is unconscionable. Unconscionability means that the agreement is so one-sided or unfair that it could not have been reasonably expected to be agreed to by both parties. This could be because the agreement was presented in a way that made it difficult to understand, or because it had overly burdensome terms. Another defense is if the agreement violates public policy. This means that the agreement is against the accepted morals and values of the community. A third defense is if the agreement was procured by fraud, coercion, or unethical conduct. If one of the parties was misled or threatened into signing the agreement, the agreement is no longer valid. Finally, an arbitration agreement can also be unenforceable if the dispute is not covered by the agreement. The agreement must clearly indicate the types of disputes that are subject to arbitration. If the dispute is not specified in the agreement, it cannot be resolved through arbitration.

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