Does Provision Allowing Court Review of Arbitrator Awards Render Entire Agreement ‘Non-Binding’?
Diane Ignazio v. Clear Channel Broadcasting, Inc., et al., Case no. 2006-0190 7th District Court of Appeals (Mahoning County) ISSUE: When an arbitration agreement includes a provision allowing judicial review of an arbitrator’s award under the same standard that a court of appeals would use to review a non-jury trial court judgment, does that provision render the entire agreement unenforceable under Ohio’s arbitration statutes, even though the agreement includes a “severability clause” in which the parties agree to sever any term found unenforceable and honor all remaining terms of the agreement. BACKGROUND: In 1999, Clear Channel Broadcasting hired Diane Ignazio when it acquired WKBN-TV in Youngstown. In connection with her hiring, Ignazio and Clear Channel entered into an arbitration agreement stating that she was “still protected by all applicable employment laws,” but that she and the station agreed to have any employment-related claims, including any claim of retaliation or discri
