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Arbitration and Affirmative Defenses (ohio)


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My question is this.  If I am filing as part of my answer a motion to compel arbitration, should I also list other affirmative defenses as part of that answer?

On one hand it would seem that I should not as the MTC would be claiming the court does not have jurisdiction over the case. On the other hand, if the MTC is denied for some reason, I would want to make sure that I have affirmative defenses available.  I am not sure those could be added at a later point.

I am trying to make sure that I understand the proper process and not just blindly file paperwork.

Thanks everyone.

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It is not so much a matter of specific affirmative defenses at the moment.  I am in the process of exploring ones that may be appropriate for this case.  

My concern is that if I list affirmative defenses, the Plaintiff might successfully argue that I have acknowledged by listing those defenses that the current court has jurisdiction and thus have my MTC denied. (I am not even sure if that would be a valid argument)

However, if I don't list any that may be appropriate, if the case does not go to arbitration, I may be precluded from using/adding them if the MTC is denied.

I may be thinking too much about this, but I would rather overthink it a bit now rather than not understand the ramifications of something I file.

Thanks again.


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What I have done, in Ohio, when filing the answer, and seeking arb, is to submit one affirmative defense, that the court lacks jurisdiction due to the arb clause.  And I also reserve the right to amend the answer, if necessary.  Since my MTC Arb has always been granted, it hasn't been necessary.  The law favoring arb is very strong, so your MTC should be granted.   But there is always the possibility of a rogue judge.  Note that if the MTC is denied, you can immediately appeal.

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