Ohio Landowners Win Case Against Ascent Resources re Arbitration

In a significant ruling for Utica and Marcellus shale landowners, the Ohio Seventh District Court of Appeals affirmed a trial court's decision denying a motion by Ascent Resources to compel arbitration in a lease-expiration dispute. The court ruled that when an oil and gas lease expires by its own terms without active production or drilling operations, the lease’s arbitration clause does not survive the lease's expiration to govern subsequent disputes—such as claims of trespass and unauthorized drilling. To force arbitration on post-expiration events, a lease must contain explicit "survival" language or involve rights that accrued/vested while the lease was still active.

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