L & M Hospitality, L.L.C. v. Lavani

Summary

The Ninth District Court of Appeals held that claims arising from conduct occurring while an arbitration provision was in effect remained subject to arbitration, despite a later amendment removing that provision. The court reversed the Summit County Court of Common Pleas judgment denying Ram Lavani’s motion to stay the action pending arbitration and remanded for further proceedings.

Holdings

1. The claims were subject to arbitration because the arbitration provision was in effect when the alleged conduct giving rise to the claims occurred, and the later amendment contained no language indicating that it applied retroactively to that earlier period.
2. The trial court erred by denying Lavani's motion to stay proceedings pending arbitration.

Questions Presented

1. Whether the February 21, 2020 amendment removing the arbitration provision applied retroactively to claims arising from conduct that occurred while the arbitration provision was in effect.
2. Whether the trial court was required under Ohio law to stay the action pending arbitration because the claims arguably fell within the arbitration provisions in the operating agreements.

Disposition

reversed_and_remanded