Section 2712.03. Determining when arbitration or conciliation agreement is international  


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  • (A) An arbitration or conciliation agreement is international if any of the following applies:

    (1) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different states.

    (2) One of the following places is situated outside the state in which the parties have their place of business:

    (a) The place of arbitration or conciliation as determined in, or pursuant to, the arbitration or conciliation agreement;

    (b) Any place where a substantial part of the obligations of the commercial relationship is to be performed;

    (c) The place with which the subject matter of the dispute is involved most closely.

    (3) The parties expressly have agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one state.

    (4) The subject matter of the arbitration or conciliation agreement otherwise is related to commercial interests in more than one state.

    (B) For purposes of this section, the states, districts, commonwealths, territories, and insular possessions of the United States and the areas subject to the legislative authority of the United States shall be considered one state.

    (C) For purposes of this section, if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration or conciliation agreement, and, if a party does not have a place of business, "place of business" shall be construed to mean his habitual residence.

Effective Date: 10-23-1991