What are the remedies for breach of an arbitration agreement?
In Ohio, a breach of an arbitration agreement is a breach of contract. When a party to an arbitration agreement fails to abide by its terms, the other party has the right to seek remedies for the breach. Remedies for breach of an arbitration agreement can take several forms. First, the non-breaching party may seek damages. Damages are an award of money to compensate the non-breaching for the losses they suffered as a result of the breach. The amount of damages that may be awarded depends on the type of breach and the losses suffered by the non-breaching party. Second, the non-breaching party may seek an injunction. An injunction is a court order that orders the breaching party to take certain actions or refrain from taking certain actions. An injunction can be used to prevent further breaches of the arbitration agreement. Third, the non-breaching party may seek specific performance. Specific performance is a court order requiring the breaching party to take the specific action that was required by the arbitration agreement. Finally, the non-breaching party may seek to have the arbitration agreement declared void or voidable. This means that the court will declare that the contract no longer exists, as if it had never been agreed to in the first place. This is usually seen as a last resort but can be used if the breach is particularly egregious. In summary, the potential remedies for breach of an arbitration agreement in Ohio can include damages, an injunction, specific performance, or the voiding of the arbitration agreement.
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