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Illinois Compiled Statutes
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ALTERNATIVE DISPUTE RESOLUTION (710 ILCS 30/) International Commercial Arbitration Act. 710 ILCS 30/Art. 1
(710 ILCS 30/Art. 1 heading)
ARTICLE 1.
GENERAL PROVISIONS
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710 ILCS 30/1-1
(710 ILCS 30/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the International Commercial Arbitration Act.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-5
(710 ILCS 30/1-5)
Sec. 1-5.
Scope of application.
(a) This Act applies to international commercial arbitration,
subject to any agreement in force between the United States and any
other country or countries.
(b) The provisions of this Act, except Sections 5-10
and
5-15, apply
only if the place of arbitration is in the State of Illinois.
(c) An arbitration is international if:
(1) the parties to an arbitration agreement have, at | | the time of the conclusion of execution of that agreement, their places of business in different countries; or
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(2) one of the following places is situated outside
| | the country or countries in which the parties have their places of business: (i) the place of arbitration if determined in, or pursuant to, the arbitration agreement or (ii) the place where the predominant part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
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(3) the parties have expressly agreed that the
| | subject matter of the arbitration agreement relates to more than one country.
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(d) For the purposes of subsection (c) of this Section:
(1) If a party has more than one place of business,
| | the place of business is that which has the closest relationship to the arbitration agreement.
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(2) If a party does not have a place of business,
| | reference is to be made to his or her habitual residence.
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(e) This Act shall not affect any other law in force in the
State of Illinois by virtue of which certain disputes may not be
submitted to arbitration or may be submitted to arbitration only
according to provisions other than those of this Act.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-10
(710 ILCS 30/1-10)
Sec. 1-10.
Definitions and rules of interpretation.
For the purposes of this Act:
(a) "Arbitration" means any arbitration whether or not
administered by a permanent arbitral institution.
(b) "Arbitral tribunal" means a sole arbitrator or a panel of
arbitrators.
(c) "Court" means a court of competent jurisdiction of a
country or state.
(d) Where a provision of this Act, except Section 25-5,
leaves the parties free to
determine a certain issue, the freedom includes the right of the
parties to authorize a third party, including an institution, to
make that determination.
(e) Where a provision of this Act refers to the fact that the
parties have agreed or that they may agree or in any other way
refers to an agreement of the parties, the agreement includes any
arbitration rules referred to in that agreement.
(f) Where a provision of this Act, other than in subsection
(a) of Section 20-40 and subsection (a) of
Section 25-25, refers to a claim, it
also applies to a counter claim, and where it refers to a defense,
it also applies to a defense to the counter claim.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-15
(710 ILCS 30/1-15)
Sec. 1-15.
Receipt of written communications.
(a) Unless otherwise agreed by the parties, any written
communication is deemed to have been received if it is delivered to
the addressee personally, or if it is delivered at his or her place of
business, habitual residence, or mailing address. If none of these
can be found after making a reasonable inquiry, a written
communication is deemed to have been received if it is sent to the
addressee's last known place of business, habitual residence, or
mailing address by registered letter or any other means that
provides a record of the attempt to deliver it.
(b) Unless otherwise agreed by the parties, the communication
is deemed to have been received on the day it is so delivered.
(c) The provisions of this Section do not apply to
communications in court proceedings.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-20
(710 ILCS 30/1-20)
Sec. 1-20.
Waiver of right to object.
If a party knows that any provision of this Act from which the
parties may derogate or any requirement under the arbitration
agreement has not been complied with and yet proceeds with the
arbitration without stating its objection to the non-compliance
without undue delay, or, if a time limit is provided,
within that period of time, that party shall be deemed to have
waived his or her right to object.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-25
(710 ILCS 30/1-25)
Sec. 1-25.
Extent of court intervention.
In matters governed by this Act, no court shall intervene
except where so provided in this Act or applicable federal law.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/1-30
(710 ILCS 30/1-30)
Sec. 1-30.
Functions of a court.
The functions referred to in subsections (c), (d), and (e) of Section 10-10,
subsection (c) of Section 10-20,
Section 10-25,
subsection (c) of Section 15-5,
Section 20-50,
and Section 20-55 of this Act
shall be performed by the Illinois
circuit court of the county in which the place of arbitration is
located.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 5
(710 ILCS 30/Art. 5 heading)
ARTICLE 5.
ARBITRATION AGREEMENT
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710 ILCS 30/5-5
(710 ILCS 30/5-5)
Sec. 5-5.
Definition and form of arbitration agreement.
(a) "Arbitration agreement" is an agreement by the parties to
submit to arbitration all or certain disputes that have arisen or
that may arise between them in respect of a defined legal
relationship, whether contractual or not. An arbitration agreement
may be in the form of an arbitration clause in a contract or in the
form of a separate agreement.
(b) The arbitration agreement shall be in writing. An
agreement is in writing if it is contained in a document signed by
the parties or in an exchange of letters, telex, telegrams, or other
means of telecommunication that provides a record of the
agreement or in an exchange of statements of claim and defense in
which the existence of an agreement is alleged by one party and not
denied by another. The reference in a contract to a document
containing an arbitration clause constitutes an arbitration
agreement, provided that the contract is in writing and the
reference is such as to make that clause part of the contract.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/5-10
(710 ILCS 30/5-10)
Sec. 5-10.
Arbitration agreement and substantive claim before
court.
(a) A court before which an action is brought in a matter
that is the subject of an arbitration agreement shall, if a party
so requests not later than when submitting his or her first statement on
the substance of the dispute, refer the parties to arbitration
unless it finds that the agreement is null and void, inoperative, or
incapable of being performed.
(b) When an action referred to in subsection (a) of this Section has
been brought, arbitral proceedings may
nevertheless be commenced or continued, and an award may be made,
while the issue is pending before the court.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/5-15
(710 ILCS 30/5-15)
Sec. 5-15.
Arbitration agreement and interim measures by court.
It is not incompatible with an arbitration agreement for a
party to request, before or during arbitral proceedings, from a
court an interim measure of protection and for a court to grant
the measure.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 10
(710 ILCS 30/Art. 10 heading)
ARTICLE 10.
COMPOSITION OF ARBITRAL TRIBUNAL
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710 ILCS 30/10-5
(710 ILCS 30/10-5)
Sec. 10-5.
Number of arbitrators.
The parties are free to determine the number of arbitrators.
In the event this determination is not made, the arbitration
shall be conducted by a sole arbitrator, selected in accordance
with the provisions of subsection (d) of Section 10-10 of this Act.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/10-10
(710 ILCS 30/10-10)
Sec. 10-10.
Appointment of arbitrators.
(a) No person shall be precluded by reason of his or her
nationality from acting as an arbitrator, unless otherwise agreed
by the parties.
(b) The parties are free to agree on a procedure of appointing
the arbitrator or arbitrators, subject to the provisions of
subsections (e) and (f) of this Section.
(c) In an arbitration with 3 arbitrators and where the
parties fail to reach an agreement on an appointment
procedure, each party shall appoint one arbitrator, and the 2
arbitrators thus appointed shall appoint the third arbitrator. If a
party fails to appoint the arbitrator within 30 days of
receipt of a request to do so from the other party or if the 2
arbitrators fail to agree on the third arbitrator within
30 days of their appointment, the appointment shall be made, upon
request of a party, by the court or other authority specified in Section 1-30
of this Act.
(d) In an arbitration with a sole arbitrator and where the
parties fail to reach an agreement on an appointment
procedure, the arbitrator shall be appointed, upon request of a
party, by the court specified in Section 1-30 of this Act.
(e) Where, under an appointment procedure agreed upon by the
parties,
(i) a party fails to act as required under the
procedure or
(ii) the parties or the two party-appointed arbitrators are
unable to reach an agreement expected of them under the procedure
or
(iii) a third party, including an institution, fails to
perform any function entrusted to it under the procedure, any
party may request the court specified in Section 1-30 of this Act to take the
necessary measure, unless the agreement on the appointment
procedure provides other means of securing the appointment.
(f) A decision on a matter entrusted by subsections (c), (d),
and (e) of this Section to the court specified in Section
1-30 of this Act is not subject to appeal; provided that this
provision shall not preclude the parties from raising any ground for setting
aside or refusing to recognize or enforce an arbitral award to the extent
otherwise permitted under applicable federal law.
The court, in appointing an
arbitrator, shall have due regard to any qualifications required of
the arbitrator by the agreement of the parties and to any
considerations that are likely to secure the appointment of an
independent and impartial arbitrator and, in the case of a sole or
third arbitrator, shall take into account as well the advisability
of appointing an arbitrator of a nationality other than those of
the parties.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/10-15
(710 ILCS 30/10-15)
Sec. 10-15.
Grounds for challenge.
(a) When a person is approached in connection with his or her
possible appointment as an arbitrator, that person shall disclose
any circumstances likely to give rise to justifiable doubts as to
his or her impartiality or independence. An arbitrator, from the
time of his or her appointment and throughout the arbitral
proceedings, shall without delay disclose any of these circumstances to
the parties unless they have already been informed of them by the
arbitrator.
(b) An arbitrator may be challenged only if circumstances
exist that give rise to justifiable doubts as to his or her
impartiality or independence or if he or she does not possess
qualifications agreed to by the parties. A party may challenge an
arbitrator it has appointed, or in whose appointment it has
participated, only for reasons of which that party becomes aware
after the appointment has been made.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/10-20
(710 ILCS 30/10-20)
Sec. 10-20.
Challenge procedure.
(a) The parties are free to agree on a procedure for
challenging an arbitrator, subject to the provisions of subsection
(c) of this Section.
(b) If the parties are unable to reach an agreement, a
party that intends to challenge an arbitrator shall, within
15 days after becoming aware of the constitution of the
arbitral tribunal or after becoming aware of any circumstance
referred to in subsection (b) of Section 10-15 of this Act,
send a written statement of the reasons for the
challenge to the arbitral tribunal. Unless the challenged
arbitrator withdraws from office or the other party agrees to the
challenge, the arbitral tribunal shall decide on the challenge.
(c) If a challenge under any procedure agreed upon by the
parties or under the procedure of subsection (b) of this Section
is not successful, the challenging party may request, within
30 days after having received notice of the decision
rejecting the challenge, the court specified in Section 1-30 of this Act to
decide on the challenge, which decision is not subject to
appeal; provided that this
provision shall not preclude the parties from raising any ground for setting
aside or refusing to recognize or enforce an arbitral award to the extent
otherwise permitted under applicable federal law. While the request is
pending,
the arbitral tribunal,
including the challenged arbitrator, may continue the arbitral
proceedings and make an award.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/10-25
(710 ILCS 30/10-25)
Sec. 10-25.
Failure or impossibility to act.
(a) If an arbitrator becomes de jure or de facto unable to
perform his or her functions or for other reasons fails to act
without undue delay, that arbitrator's mandate terminates if he or
she withdraws from office or if the parties agree on the
termination. Otherwise, if a controversy remains concerning any of
these grounds, any party may request the court specified in Section
1-30 of this Act to decide on the termination of the mandate, which decision
is not subject to appeal.
(b) If, under this Section or under subsection (b) of Section
10-20 of this Act, an arbitrator withdraws from office
or a party agrees to the termination of the mandate of an
arbitrator, this does not imply acceptance of the validity of any
ground referred to in this Section or subsection (b) of Section
10-15 of this Act.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/10-30
(710 ILCS 30/10-30)
Sec. 10-30.
Appointment of substitute arbitrator.
Where the mandate of an arbitrator terminates under Sections
10-20 or 10-25 of this Act
or because of his or her withdrawal from office for any
other reason or because of the revocation or termination of that
arbitrator's mandate, a substitute arbitrator shall be appointed
according to the rules or procedures that were applicable to the
appointment of the arbitrator being replaced.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 15
(710 ILCS 30/Art. 15 heading)
ARTICLE 15.
JURISDICTION OF ARBITRAL TRIBUNAL
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710 ILCS 30/15-5
(710 ILCS 30/15-5)
Sec. 15-5.
Competence of arbitral tribunal to rule on its
jurisdiction.
(a) The arbitral tribunal may rule on its own jurisdiction,
including any objections with respect to the existence or validity
of the arbitration agreement. For that purpose, an arbitration
clause that forms part of a contract shall be treated as an
agreement independent of the other terms of the contract. A
decision by the arbitral tribunal that the contract is null and
void shall not by itself mean that the contract's arbitration
clause is invalid.
(b) A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the submission of the
statement of defense. A party is not precluded from raising the
plea by the fact that he or she has appointed or participated in the
appointment of an arbitrator. A plea that the arbitral tribunal
is exceeding the scope of its authority shall be raised as soon as
the matter alleged to be beyond the scope of its authority is
raised during the arbitral proceedings. The arbitral tribunal may,
in either case, admit a later plea if it considers the delay
justified.
(c) The arbitral tribunal may rule on a plea referred to in
subsection (b) of this Section either as a preliminary
question or in an award on the merits. If the arbitral tribunal
rules as a preliminary question that it has jurisdiction, any party
may request, within 30 days after having received notice
of that ruling, the court specified in Section 1-30 of this Act to decide the
matter, which decision is not subject to appeal; provided that this provision
shall not preclude the parties from raising any ground for setting aside or
refusing to recognize or enforce an arbitral award to the extent otherwise
permitted under applicable federal law. While
the
request is pending, the arbitral tribunal may continue the arbitral
proceedings and make an award.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/15-10
(710 ILCS 30/15-10)
Sec. 15-10.
Power of arbitral tribunal to award interim
measures. Unless otherwise agreed by the parties, the arbitral tribunal
may, at the request of a party, order any party to take any
interim measure of protection that the arbitral tribunal may consider
necessary in respect of the subject matter of the dispute. The
arbitral tribunal may require any party to provide appropriate
security in connection with the measure.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 20
(710 ILCS 30/Art. 20 heading)
ARTICLE 20.
CONDUCT OF ARBITRAL PROCEEDINGS
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710 ILCS 30/20-5
(710 ILCS 30/20-5)
Sec. 20-5.
Equal treatment of parties.
The parties shall be treated with equality, and each party
shall be given a full opportunity of presenting his or her case.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-10
(710 ILCS 30/20-10)
Sec. 20-10.
Determination of rules of procedure.
(a) Subject to the provisions of this Act, the parties are
free to agree on the procedure to be followed by the arbitral
tribunal in conducting the proceedings.
(b) If the parties do not reach an agreement, the
arbitral tribunal may, subject to the provisions of this Act,
conduct the arbitration in a manner that it considers
appropriate. The power conferred upon the arbitral tribunal
includes the power to determine the admissibility, relevance,
materiality, and weight of any evidence.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-15
(710 ILCS 30/20-15)
Sec. 20-15.
Place of arbitration.
(a) The parties are free to agree on the place of arbitration.
If the parties do not reach an agreement, the place of
arbitration shall be determined by the arbitral tribunal, having
regard to the circumstances of the case, including the convenience
of the parties.
(b) Notwithstanding the provisions of subsection (a) of this Section,
the arbitral tribunal may, unless otherwise agreed
by the parties, meet at any place it considers appropriate for
consultation among its members, for hearing witnesses, experts, or
the parties, or for inspection of goods, other property, or
documents.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-20
(710 ILCS 30/20-20)
Sec. 20-20.
Commencement of arbitral proceedings.
Unless otherwise agreed by the parties, the arbitral
proceedings in respect of a particular dispute commence on the date
on which a request for that dispute to be referred to arbitration
is received by the respondent.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-25
(710 ILCS 30/20-25)
Sec. 20-25.
Language.
(a) The parties are free to agree on the language or languages
to be used in the arbitral proceedings. If the parties do not
reach an agreement, the arbitral tribunal shall determine the
language or languages to be used in the proceedings. This
agreement or determination, unless otherwise specified therein,
shall apply to any written statement by a party, any hearing, and
any award, decision, or other communication by the arbitral
tribunal.
(b) The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the language or
languages agreed upon by the parties or determined by the arbitral
tribunal.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-30
(710 ILCS 30/20-30)
Sec. 20-30.
Statements of claim and defense.
(a) Within the period of time agreed by the parties or
determined by the arbitral tribunal, the claimant shall state the
facts supporting his or her claim, the points at issue, and the relief or
remedy sought, and the respondent shall state his or her defense in
respect of these particulars, unless the parties have otherwise
agreed as to the required elements of the statements. The parties
may submit with their statements all documents they consider to be
relevant or may add a reference to the documents or other evidence
they will submit.
(b) Unless otherwise agreed by the parties, either party may
amend or supplement its claim or defense during the course of the
arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow the amendment, having regard to the delay in
making it.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-35
(710 ILCS 30/20-35)
Sec. 20-35.
Hearings and written proceedings.
(a) Subject to any contrary agreement by the parties, the
arbitral tribunal shall decide whether to hold oral hearings for
the presentation of evidence or for oral arguments or whether the
proceedings shall be conducted on the basis of documents and other
materials. However, unless the parties have agreed that no
hearings shall be held, the arbitral tribunal shall hold the
hearings at an appropriate stage of the proceedings, if so
requested by a party.
(b) The parties shall be given sufficient advance notice of
any hearing and of any meeting of the arbitral tribunal for the
purposes of inspection of goods, other property, or documents.
(c) All statements, documents, or other information supplied to
the arbitral tribunal by one party shall be communicated to the
other party. Also, any expert report or evidentiary document on
which the arbitral tribunal may rely in making its decision shall
be communicated to the parties.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-40
(710 ILCS 30/20-40)
Sec. 20-40.
Default of a party.
Unless otherwise agreed by the parties:
(a) If, without showing sufficient cause, the claimant fails
to communicate its statement of claim in accordance with subsection
(a) of Section 20-30 of this Act the
arbitral tribunal shall terminate the proceedings.
(b) If, without showing sufficient cause, the respondent fails
to communicate its statement of defense in accordance with
subsection (a) of Section 20-30 of this Act
the arbitral tribunal shall continue the proceedings without
treating the failure in itself as an admission of the claimant's
allegations.
(c) If, without showing sufficient cause, any party fails to
appear at a hearing or to produce documentary evidence, the
arbitral tribunal may continue the proceedings and make the award
on the evidence before it.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-45
(710 ILCS 30/20-45)
Sec. 20-45.
Expert appointed by arbitral tribunal.
Unless objected to by one or both parties:
(a) The arbitral tribunal may appoint one or more experts to
report to it on specific issues to be determined by the arbitral
tribunal.
(b) The arbitral tribunal may require a party to give the
expert any relevant information or to produce or provide access to
any relevant documents, goods, or other property for the expert's
inspection.
(c) If a party so requests or if the arbitral tribunal
considers it necessary, the expert shall, after delivery of his or
her written or oral report, participate in a hearing where the
parties have the opportunity to put questions to the expert and to
present expert witnesses in order to testify on the points at
issue.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-50
(710 ILCS 30/20-50)
Sec. 20-50.
Witnesses, subpoenas, depositions.
(a) The arbitral tribunal may issue subpoenas to parties or
third parties for the attendance of witnesses and for the
production of books, records, documents, and other evidence and
shall have the power to administer oaths. The production will be
for the purpose of presenting evidence at the arbitration hearing
and will not include pre-trial discovery as known in common law
countries. Subpoenas so issued shall be served and, upon
application to the court by a party or the arbitral tribunal,
enforced, in the manner provided by law for the service and
enforcement of subpoenas in civil cases.
(b) All provisions of law compelling a person under subpoena
to testify are applicable.
(c) On application of a party and for use as evidence, the
arbitral tribunal may permit a deposition to be taken, in the
manner and upon the terms designated by the arbitrators, of a
witness who cannot be subpoenaed or is unable to attend the
hearing.
(d) No other discovery shall be permitted unless otherwise
agreed by the parties.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/20-55
(710 ILCS 30/20-55)
Sec. 20-55.
Court assistance in taking evidence.
The arbitral tribunal or a party with the approval of the
arbitral tribunal may request from a court assistance in taking
evidence. The court may execute the request within its competence
and according to its rules on taking evidence.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 25
(710 ILCS 30/Art. 25 heading)
ARTICLE 25.
MAKING OF AWARD AND
TERMINATION OF PROCEEDINGS
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710 ILCS 30/25-5
(710 ILCS 30/25-5)
Sec. 25-5.
Rules applicable to substance of dispute.
(a) The arbitral tribunal shall decide the dispute in
accordance with any rules of law that are chosen by the parties as
applicable to the substance of the dispute. Any designation of the
law or legal system of a given country or jurisdiction shall be
construed, unless otherwise expressed, as directly referring to the
substantive law of that country or jurisdiction and not to its
conflict of laws rules.
(b) If the parties do not make the designation described in
subsection (a) of this Section, the arbitral tribunal shall
apply the law as determined by the conflict of laws rules that it
considers applicable.
(c) The arbitral tribunal shall decide according to what is
just and good ("ex aequo et bono") or according to equity and good
conscience (as "amiable compositeur") rather than by the strict rule of law
only if the parties have expressly authorized it to
do so.
(d) In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall take into
account the usages of the trade applicable to the transaction.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/25-10
(710 ILCS 30/25-10)
Sec. 25-10.
Decision making by panel of arbitrators.
In arbitral proceedings with more than one arbitrator, any
decision of the arbitral tribunal shall be made, unless otherwise
agreed by the parties, by a majority of all its members. However,
questions of procedure may be decided by a presiding arbitrator, if
so authorized by the parties or all members of the arbitral
tribunal.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/25-15
(710 ILCS 30/25-15)
Sec. 25-15.
Settlement.
(a) With the agreement of the parties, the arbitral tribunal
may use mediation, conciliation, or other dispute resolution
procedures at any time during the arbitral proceedings to encourage
settlement.
(b) If, during arbitral proceedings, the parties settle the
dispute, the arbitral tribunal shall terminate the proceedings and,
if requested by the parties and not objected to by the arbitral
tribunal, record the settlement in the form of an arbitral award on
agreed terms.
(c) An award on agreed terms shall be made in accordance with
the provisions of Section 25-20 of this Act and
shall state that it is an award. The award has the same status
and effect as any other award on the merits of the case.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/25-20
(710 ILCS 30/25-20)
Sec. 25-20.
Form and content of award.
(a) The award shall be made in writing and shall be signed by
the arbitrator or arbitrators.
(b) In arbitral proceedings with more than one arbitrator,
the signatures of the majority of all members of the arbitral
tribunal shall suffice, provided that the reason for any omitted
signature is stated.
(c) The award shall state the reasons upon which it is based,
unless the parties have agreed that no reasons are to be given or
the award is an award on agreed terms under Section 25-15
of this Act.
(d) The award shall state its date and the place of arbitration as
determined
in accordance with subsection (a) of Section 20-15 of this Act.
The award shall be deemed to have been made at that place.
(e) After the award is made, a copy signed by the arbitrators
in accordance with subsection (a) of this Section shall be
delivered to each party.
(f) The arbitral tribunal may, at any time during the
proceedings, make an interim award on any matter with respect to
which it may make a final award. The interim award may be enforced
in the same manner as a final award.
(g) Unless otherwise agreed by the parties, the arbitral
tribunal may award interest.
(h) Unless otherwise agreed by the parties, the costs of an
arbitration are at the discretion of the arbitral tribunal.
(i) In making an order for costs, the arbitral tribunal may
include as costs any of the following:
(1) the fees and expenses of the arbitrators and | |
(2) legal fees and expenses;
(3) any administration fees of the institution
| | supervising the arbitration; and
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(4) any other expenses incurred in connection with
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(j) In making an order for costs, the arbitral tribunal may
specify:
(1) the party entitled to costs;
(2) the party who shall pay the costs;
(3) the amount of costs or method of determining that
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(4) the manner in which the costs are to be paid.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/25-25
(710 ILCS 30/25-25)
Sec. 25-25.
Termination of proceedings.
(a) The arbitral proceedings are terminated by the final award
or by an order of the arbitral tribunal in accordance with
subsection (b) of this Section.
(b) The arbitral tribunal shall issue an order for the
termination of the arbitral proceedings when any one of the
following events occurs:
(1) The claimant withdraws its claim, unless the | | respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on his or her part in obtaining a final settlement of the dispute.
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(2) The parties agree on the termination of the
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(3) The arbitral tribunal finds that the continuation
| | of the proceedings has for any other reason become unnecessary or impossible.
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(c) Subject to Section 25-30 of this Act, the mandate of the
arbitral tribunal terminates with the termination of the arbitral
proceedings.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/25-30
(710 ILCS 30/25-30)
Sec. 25-30.
Correction or interpretation of award; additional
award.
(a) Within 30 days of receipt of the award, unless
the parties agree to another period of time:
(1) A party, with notice to the other party, may | | request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical errors, or any errors of similar nature.
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(2) If so agreed by the parties, a party, with notice
| | to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award. If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within 30 days of receipt of the request. The interpretation shall form part of the award.
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(b) The arbitral tribunal may correct any error of the type
referred to in subdivision (1) of subsection (a) of this Section on its own
initiative within 30 days of the day of the award.
(c) Unless otherwise agreed to by the parties, a party, with
notice to the other party, may, within 30 days of receipt
of the award, request the arbitral tribunal to make an additional
award as to claims presented in the arbitral proceedings but
omitted from the award. If the arbitral tribunal considers the
request to be justified, it shall make the additional award within
60 days after the date of receipt of the request.
(d) The arbitral tribunal may extend, if necessary, the period
of time within which it shall make a correction, interpretation, or
an additional award under subsections (a) or (c) of this Section.
(e) The provisions of Section 25-20 of this Act shall apply to a
correction or interpretation of the award or to an additional award
made under this Section.
(Source: P.A. 90-631, eff. 7-24-98.)
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710 ILCS 30/Art. 99
(710 ILCS 30/Art. 99 heading)
ARTICLE 99.
EFFECTIVE DATE
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710 ILCS 30/99-99
(710 ILCS 30/99-99)
Sec. 99-99.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90-631, eff. 7-24-98.)
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