What is a motion to dismiss an arbitration?

A motion to dismiss an arbitration is a request to the court to terminate the arbitration process due to certain grounds. In Ohio, a party to an arbitration may, as a first step, file a motion to dismiss the arbitration for several reasons, including a timely objection to the appointed arbitrator; a lack of jurisdiction or authority; or the arbitration agreement being void, unenforceable, or unconscionable. In Ohio, a motion to dismiss an arbitration must be made in writing and filed in the arbitration tribunal. The motion should include a statement of facts supporting the grounds for termination and the remedy sought. A copy of the motion should also be served on the other parties. If the court finds that any ground for termination in the motion is justified, it may grant the motion and dismiss the arbitration. On the other hand, the court may reject the motion and require the parties to proceed with the arbitration. However, if the court finds that the motion is valid, it will terminate the arbitration proceedings and no further action on the case will be taken.

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