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COUNCIL OF SMALLER ENTERPRISES v. GATES

No. 96-1302.

80 Ohio St.3d 661 (1998)

COUNCIL OF SMALLER ENTERPRISES, APPELLANT, v. GATES, McDONALD & COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided January 14, 1998.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, L.L.P., Daniel J. O'Loughlin, John E. Lynch, Jr., and Harold E. Farling, for appellant.

Bricker & Eckler, Anne Marie Sferra, Harry Wright IV and Michael D. Smith, for appellee.

ALICE ROBIE RESNICK, J.

The issue for resolution is whether, in the circumstances presented here, a court or an arbitrator determines the construction and consequences of the ninety-day demand provision in the parties' Service Agreement. For the reasons that follow, we find that a presumption in favor of the arbitrability of the parties' dispute over the interpretation of Section 7.7(a)(i) of the agreement...

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