An Ohio appellate court held that the three month time limit to challenge an arbitration award applies even where the validity of arbitration agreement is called into question.

In Internatl. Assn. of Heat & Frost Insulator & Asbestos Workers, Local Union No. 45 v. Quality Insulation, Inc., No. L-07-1374, 2008 WL 2468576 (Ohio Ct. App.6d June 20, 2008), an arbitration award was issued on January 31, 2007 in favor of International in regarding to a dispute over a collective bargaining agreement.

A trial court reduced the arbitration award to judgment upon International's motion and dismissed Quality's counterclaim that it was not a party to the bargaining agreement and no arbitration agreement existed between the parties. Quality appealed.

This Court held that the trial court did not err in its confirmation. International filed for confirmation of the arbitration award on July 6, 2007, within one year of the arbitration award, in compliance with Ohio law. See Ohio Rev. Code Ann. § 2711.09.

However, Quality did not comply with the three month time period in which to file a motion to vacate an arbitration award by filing its counterclaim on September 4, 2007. See Ohio Rev. Code Ann. § 2711.13. Under the clear and mandatory language of this statute, if such a motion is not timely, a court has no jurisdiction to vacate the award. See id.

As International timely filed its confirmation and Quality did not timely file a motion to vacate the award, the trial court was required to confirm.

Accordingly, the trial court did not err, and this Court affirmed its judgment confirming the arbitration award.