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Refusing to participate in an arbitration will not prevent an arbitration award against that party once it has agreed to arbitrate. Given courts' great deference to arbitration awards, it is essential for a respondent to present its defense on the merits during the arbitration.

Challenge against the award The arbitral award can be challenged before the Court under section 34 of the Arbitration and Conciliation Act, 1996. The Court may uphold the arbitral award or set aside the award or partially modify the order.

Despite the existence of an arbitration agreement, it is widely accepted that a party's right to arbitrate may be waived by either an explicit contractual provision or its subsequent conduct. The courts have taken different approaches to this issue in different jurisdictions, however.

Section 2711.11 | Court may modify award. (C) The award is imperfect in matter of form not affecting the merits of the controversy. The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

Pursuant to Ohio Revised Code Section 1706.172(D), a certificate of amendment delivered to the Ohio Secretary of State for filing under this chapter may specify an effective time and a delayed effective date of not more than ninety days following the date of receipt by the Secretary of State.

Ohio has a public policy favoring the enforcement of arbitration provisions in contracts and ORC 2711.01(A) provides that such provisions will be enforced unless grounds exist in law or equity for revocation of the contract.