Davidson v. Bucklew

The lead opinion finds error in the denial of the motion to dismiss for failure to state a claim. This holding is based upon the public policy favoring arbitration, the belief that the arbitration contract is ambiguous, and the existence of an adequate remedy at law.

Appellee filed an action for declaratory judgment. In conjunction, appellee prayed for injunctive relief preventing the arbitration panel from reconvening. Clearly, the declaration of the rights of the parties to' an arbitration agreement sets forth a proper claim for relief under R.C. Chapter 2711.

The lead opinion cites the…