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The Ohio Court of Appeals held that state law "clearly contemplates a hearing" upon the filing of an application to confirm an arbitration award, and thus remanded a case in which the trial court confirmed an award without holding a hearing.
In MBNA America Bank, N.A. v. McArdle, No. L-06-1319, 2007 WL 1229214 (Ohio Ct. App. Apr. 27, 2007), MBNA filed an arbitration claim against McArdle for the balance allegedly owing on an MBNA credit card. The arbitrator awarded MBNA nearly $17,000.
MBNA moved to confirm the award, while McArdle moved to vacate. After a series of motions by both parties, a pre-trial conference was held, and a second conference scheduled. However, before the second conference could be held, the trial court granted the motion to confirm the award.
McArdle claimed error. On appeal, she argued that the Ohio statute governing confirmation of arbitration awards requires a hearing to be held before the court issues a ruling. Examining the applicable statute and case law, the Court agreed with McArdle.
Specifically, the Court highlighted language in the statute requiring that notice be given "five days before the hearing." The Court also cited a decision by another Ohio appellate court in concluding that the statute "clearly contemplates a hearing." Since no hearing had been held, the Court remanded the case for further proceedings.
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