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The Supreme Court of Ohio held that a court has jurisdiction to enforce an agreement to arbitrate after an arbitration award has been vacated.
In The State ex. rel. City of Westlake v. Corrigan, 860 N.E.2d 1017 (Ohio Feb. 14, 2007), the City and Shimola agreed to arbitrate a dispute over property damage after a jury award was vacated. An arbitration panel awarded $560,000 to Shimola, but Judge Corrigan granted Shimola's motion to vacate this award.
The City then tried to prohibit Judge Corrigan from enforcing the original agreement to arbitrate, claiming in essence that the judge had no jurisdiction under Ohio arbitration law to do anything more than confirm, vacate, or modify an award.
The Court determined that once an arbitration award has been vacated, the award essentially no longer exists. Therefore, the limits on judicial review to confirm, vacate, or modify an award no longer apply. As a result, Judge Corrigan retained jurisdiction to consider Shimola's motion to enforce arbitration.
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