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90_HB2369
New Act
Creates the International Commercial Arbitration Act.
Provides that the Act applies to international commercial
arbitration in the State of Illinois. Provides for the
receipt of written communications, the waiver of the right to
object, the extent of court intervention, functions of a
court, arbitration agreements, the composition of an arbitral
tribunal, the jurisdiction of an arbitral tribunal, the
conduct of arbitral proceedings, and the making of an award
and the termination of proceedings. Effective immediately.
LRB9006848NTsbA
LRB9006848NTsbA
1 AN ACT concerning international commercial arbitration.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. GENERAL PROVISIONS
5 Section 1-1. Short title. This Act may be cited as the
6 International Commercial Arbitration Act.
7 Section 1-5. Scope of application.
8 (a) This Act applies to international commercial
9 arbitration, subject to any agreement in force between the
10 United States and any other country or countries.
11 (b) The provisions of this Act, except Sections 5-10 and
12 5-15, apply only if the place of arbitration is in the State
13 of Illinois.
14 (c) An arbitration is international if:
15 (1) the parties to an arbitration agreement have,
16 at the time of the conclusion of that agreement, their
17 places of business in different countries; or
18 (2) one of the following places is situated outside
19 the country in which the parties have their places of
20 business: (i) the place of arbitration if determined in,
21 or pursuant to, the arbitration agreement or (ii) any
22 place where a substantial part of the obligations of the
23 commercial relationship is to be performed or the place
24 with which the subject matter of the dispute is most
25 closely connected; or
26 (3) the parties have expressly agreed that the
27 subject matter of the arbitration agreement relates to
28 more than one country.
29 (d) For the purposes of subsection (c) of this Section:
30 (1) If a party has more than one place of business,
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1 the place of business is that which has the closest
2 relationship to the arbitration agreement.
3 (2) If a party does not have a place of business,
4 reference is to be made to his or her habitual residence.
5 (e) This Act shall not affect any other law in force in
6 the State of Illinois by virtue of which certain disputes may
7 not be submitted to arbitration or may be submitted to
8 arbitration only according to provisions other than those of
9 this Act.
10 Section 1-10. Definitions and rules of interpretation.
11 For the purposes of this Act:
12 (a) "Arbitration" means any arbitration whether or not
13 administered by a permanent arbitral institution.
14 (b) "Arbitral tribunal" means a sole arbitrator or a
15 panel of arbitrators.
16 (c) "Court" means a court of competent jurisdiction of a
17 country or state.
18 (d) Where a provision of this Act, except Section 25-5,
19 leaves the parties free to determine a certain issue, the
20 freedom includes the right of the parties to authorize a
21 third party, including an institution, to make that
22 determination.
23 (e) Where a provision of this Act refers to the fact
24 that the parties have agreed or that they may agree or in any
25 other way refers to an agreement of the parties, the
26 agreement includes any arbitration rules referred to in that
27 agreement.
28 (f) Where a provision of this Act, other than in
29 subsection (a) of Section 20-40 and subsection (a) of Section
30 25-25, refers to a claim, it also applies to a counter claim,
31 and where it refers to a defense, it also applies to a
32 defense to the counter claim.
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1 Section 1-15. Receipt of written communications.
2 (a) Unless otherwise agreed by the parties, any written
3 communication is deemed to have been received if it is
4 delivered to the addressee personally, or if it is delivered
5 at his or her place of business, habitual residence, or
6 mailing address. If none of these can be found after making
7 a reasonable inquiry, a written communication is deemed to
8 have been received if it is sent to the addressee's last
9 known place of business, habitual residence, or mailing
10 address by registered letter or any other means that provides
11 a record of the attempt to deliver it.
12 (b) Unless otherwise agreed by the parties, the
13 communication is deemed to have been received on the day it
14 is so delivered.
15 (c) The provisions of this Section do not apply to
16 communications in court proceedings.
17 Section 1-20. Waiver of right to object. If a party
18 knows that any provision of this Act from which the parties
19 may derogate or any requirement under the arbitration
20 agreement has not been complied with and yet proceeds with
21 the arbitration without stating its objection to the
22 non-compliance without undue delay, or, if a time limit is
23 provided, within that period of time, that party shall be
24 deemed to have waived his or her right to object.
25 Section 1-25. Extent of court intervention. In matters
26 governed by this Act, no court shall intervene except where
27 so provided in this Act or applicable federal law.
28 Section 1-30. Functions of a court. The functions
29 referred to in subsections (c), (d), and (e) of Section
30 10-10, subsection (c) of Section 10-20, Section 10-25,
31 subsection (c) of Section 15-5, Section 20-50, and Section
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1 20-55 of this Act shall be performed by the Illinois circuit
2 court of the county in which the place of arbitration is
3 located.
4 ARTICLE 5. ARBITRATION AGREEMENT
5 Section 5-5. Definition and form of arbitration
6 agreement.
7 (a) "Arbitration agreement" is an agreement by the
8 parties to submit to arbitration all or certain disputes that
9 have arisen or that may arise between them in respect of a
10 defined legal relationship, whether contractual or not. An
11 arbitration agreement may be in the form of an arbitration
12 clause in a contract or in the form of a separate agreement.
13 (b) The arbitration agreement shall be in writing. An
14 agreement is in writing if it is contained in a document
15 signed by the parties or in an exchange of letters, telex,
16 telegrams, or other means of telecommunication that provides
17 a record of the agreement or in an exchange of statements of
18 claim and defense in which the existence of an agreement is
19 alleged by one party and not denied by another. The
20 reference in a contract to a document containing an
21 arbitration clause constitutes an arbitration agreement,
22 provided that the contract is in writing and the reference is
23 such as to make that clause part of the contract.
24 Section 5-10. Arbitration agreement and substantive
25 claim before court.
26 (a) A court before which an action is brought in a
27 matter that is the subject of an arbitration agreement shall,
28 if a party so requests not later than when submitting his or
29 her first statement on the substance of the dispute, refer
30 the parties to arbitration unless it finds that the agreement
31 is null and void, inoperative, or incapable of being
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1 performed.
2 (b) When an action referred to in subsection (a) of this
3 Section has been brought, arbitral proceedings may
4 nevertheless be commenced or continued, and an award may be
5 made, while the issue is pending before the court.
6 Section 5-15. Arbitration agreement and interim measures
7 by court. It is not incompatible with an arbitration
8 agreement for a party to request, before or during arbitral
9 proceedings, from a court an interim measure of protection
10 and for a court to grant the measure.
11 ARTICLE 10. COMPOSITION OF ARBITRAL TRIBUNAL
12 Section 10-5. Number of arbitrators. The parties are
13 free to determine the number of arbitrators. In the event
14 this determination is not made, the arbitration shall be
15 conducted by a sole arbitrator, selected in accordance with
16 the provisions of subsection (d) of Section 10-10 of this
17 Act.
18 Section 10-10. Appointment of arbitrators.
19 (a) No person shall be precluded by reason of his or her
20 nationality from acting as an arbitrator, unless otherwise
21 agreed by the parties.
22 (b) The parties are free to agree on a procedure of
23 appointing the arbitrator or arbitrators, subject to the
24 provisions of subsections (e) and (f) of this Section.
25 (c) In an arbitration with 3 arbitrators and where the
26 parties fail to reach an agreement on an appointment
27 procedure, each party shall appoint one arbitrator, and the 2
28 arbitrators thus appointed shall appoint the third
29 arbitrator. If a party fails to appoint the arbitrator within
30 30 days of receipt of a request to do so from the other party
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1 or if the 2 arbitrators fail to agree on the third arbitrator
2 within 30 days of their appointment, the appointment shall be
3 made, upon request of a party, by the court or other
4 authority specified in Section 1-30 of this Act.
5 (d) In an arbitration with a sole arbitrator and where
6 the parties fail to reach an agreement on an appointment
7 procedure, the arbitrator shall be appointed, upon request of
8 a party, by the court specified in Section 1-30 of this Act.
9 (e) Where, under an appointment procedure agreed upon by
10 the parties, (i) a party fails to act as required under the
11 procedure or (ii) the parties or the two party-appointed
12 arbitrators are unable to reach an agreement expected of them
13 under the procedure or (iii) a third party, including an
14 institution, fails to perform any function entrusted to it
15 under the procedure, any party may request the court
16 specified in Section 1-30 of this Act to take the necessary
17 measure, unless the agreement on the appointment procedure
18 provides other means of securing the appointment.
19 (f) A decision on a matter entrusted by subsections (c),
20 (d), and (e) of this Section to the court specified in
21 Section 1-30 of this Act is not subject to appeal. The
22 court, in appointing an arbitrator, shall have due regard to
23 any qualifications required of the arbitrator by the
24 agreement of the parties and to any considerations that are
25 likely to secure the appointment of an independent and
26 impartial arbitrator and, in the case of a sole or third
27 arbitrator, shall take into account as well the advisability
28 of appointing an arbitrator of a nationality other than those
29 of the parties.
30 Section 10-15. Grounds for challenge.
31 (a) When a person is approached in connection with his
32 or her possible appointment as an arbitrator, that person
33 shall disclose any circumstances likely to give rise to
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1 justifiable doubts as to his or her impartiality or
2 independence. An arbitrator, from the time of his or her
3 appointment and throughout the arbitral proceedings, shall
4 without delay disclose any of these circumstances to the
5 parties unless they have already been informed of them by the
6 arbitrator.
7 (b) An arbitrator may be challenged only if
8 circumstances exist that give rise to justifiable doubts as
9 to his or her impartiality or independence or if he or she
10 does not possess qualifications agreed to by the parties. A
11 party may challenge an arbitrator it has appointed, or in
12 whose appointment it has participated, only for reasons of
13 which that party becomes aware after the appointment has been
14 made.
15 Section 10-20. Challenge procedure.
16 (a) The parties are free to agree on a procedure for
17 challenging an arbitrator, subject to the provisions of
18 subsection (c) of this Section.
19 (b) If the parties are unable to reach an agreement, a
20 party that intends to challenge an arbitrator shall, within
21 15 days after becoming aware of the constitution of the
22 arbitral tribunal or after becoming aware of any circumstance
23 referred to in subsection (b) of Section 10-15 of this Act,
24 send a written statement of the reasons for the challenge to
25 the arbitral tribunal. Unless the challenged arbitrator
26 withdraws from office or the other party agrees to the
27 challenge, the arbitral tribunal shall decide on the
28 challenge.
29 (c) If a challenge under any procedure agreed upon by
30 the parties or under the procedure of subsection (b) of this
31 Section is not successful, the challenging party may request,
32 within 30 days after having received notice of the decision
33 rejecting the challenge, the court specified in Section 1-30
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1 of this Act to decide on the challenge, which decision is not
2 subject to appeal. While the request is pending, the
3 arbitral tribunal, including the challenged arbitrator, may
4 continue the arbitral proceedings and make an award.
5 Section 10-25. Failure or impossibility to act.
6 (a) If an arbitrator becomes de jure or de facto unable
7 to perform his or her functions or for other reasons fails to
8 act without undue delay, that arbitrator's mandate terminates
9 if he or she withdraws from office or if the parties agree on
10 the termination. Otherwise, if a controversy remains
11 concerning any of these grounds, any party may request the
12 court specified in Section 1-30 of this Act to decide on the
13 termination of the mandate, which decision is not subject to
14 appeal.
15 (b) If, under this Section or under subsection (b) of
16 Section 10-20 of this Act, an arbitrator withdraws from
17 office or a party agrees to the termination of the mandate of
18 an arbitrator, this does not imply acceptance of the validity
19 of any ground referred to in this Section or subsection (b)
20 of Section 10-15 of this Act.
21 Section 10-30. Appointment of substitute arbitrator.
22 Where the mandate of an arbitrator terminates under Sections
23 10-20 or 10-25 of this Act or because of his or her
24 withdrawal from office for any other reason or because of the
25 revocation or termination of that arbitrator's mandate, a
26 substitute arbitrator shall be appointed according to the
27 rules or procedures that were applicable to the appointment
28 of the arbitrator being replaced.
29 ARTICLE 15. JURISDICTION OF ARBITRAL TRIBUNAL
30 Section 15-5. Competence of arbitral tribunal to rule on
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1 its jurisdiction.
2 (a) The arbitral tribunal may rule on its own
3 jurisdiction, including any objections with respect to the
4 existence or validity of the arbitration agreement. For that
5 purpose, an arbitration clause that forms part of a contract
6 shall be treated as an agreement independent of the other
7 terms of the contract. A decision by the arbitral tribunal
8 that the contract is null and void shall not by itself mean
9 that the contract's arbitration clause is invalid.
10 (b) A plea that the arbitral tribunal does not have
11 jurisdiction shall be raised not later than the submission of
12 the statement of defense. A party is not precluded from
13 raising the plea by the fact that he or she has appointed or
14 participated in the appointment of an arbitrator. A plea
15 that the arbitral tribunal is exceeding the scope of its
16 authority shall be raised as soon as the matter alleged to be
17 beyond the scope of its authority is raised during the
18 arbitral proceedings. The arbitral tribunal may, in either
19 case, admit a later plea if it considers the delay justified.
20 (c) The arbitral tribunal may rule on a plea referred to
21 in subsection (b) of this Section either as a preliminary
22 question or in an award on the merits. If the arbitral
23 tribunal rules as a preliminary question that it has
24 jurisdiction, any party may request, within 30 days after
25 having received notice of that ruling, the court specified in
26 Section 1-30 of this Act to decide the matter, which decision
27 is not subject to appeal. While the request is pending, the
28 arbitral tribunal may continue the arbitral proceedings and
29 make an award.
30 Section 15-10. Power of arbitral tribunal to award
31 interim measures. Unless otherwise agreed by the parties,
32 the arbitral tribunal may, at the request of a party, order
33 any party to take any interim measure of protection that the
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1 arbitral tribunal may consider necessary in respect of the
2 subject matter of the dispute. The arbitral tribunal may
3 require any party to provide appropriate security in
4 connection with the measure.
5 ARTICLE 20. CONDUCT OF ARBITRAL PROCEEDINGS
6 Section 20-5. Equal treatment of parties. The parties
7 shall be treated with equality, and each party shall be given
8 a full opportunity of presenting his or her case.
9 Section 20-10. Determination of rules of procedure.
10 (a) Subject to the provisions of this Act, the parties
11 are free to agree on the procedure to be followed by the
12 arbitral tribunal in conducting the proceedings.
13 (b) If the parties do not reach an agreement, the
14 arbitral tribunal may, subject to the provisions of this Act,
15 conduct the arbitration in a manner that it considers
16 appropriate. The power conferred upon the arbitral tribunal
17 includes the power to determine the admissibility, relevance,
18 materiality, and weight of any evidence.
19 Section 20-15. Place of arbitration.
20 (a) The parties are free to agree on the place of
21 arbitration. If the parties do not reach an agreement, the
22 place of arbitration shall be determined by the arbitral
23 tribunal, having regard to the circumstances of the case,
24 including the convenience of the parties.
25 (b) Notwithstanding the provisions of subsection (a) of
26 this Section, the arbitral tribunal may, unless otherwise
27 agreed by the parties, meet at any place it considers
28 appropriate for consultation among its members, for hearing
29 witnesses, experts, or the parties, or for inspection of
30 goods, other property, or documents.
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1 Section 20-20. Commencement of arbitral proceedings.
2 Unless otherwise agreed by the parties, the arbitral
3 proceedings in respect of a particular dispute commence on
4 the date on which a request for that dispute to be referred
5 to arbitration is received by the respondent.
6 Section 20-25. Language.
7 (a) The parties are free to agree on the language or
8 languages to be used in the arbitral proceedings. If the
9 parties do not reach an agreement, the arbitral tribunal
10 shall determine the language or languages to be used in the
11 proceedings. This agreement or determination, unless
12 otherwise specified therein, shall apply to any written
13 statement by a party, any hearing, and any award, decision,
14 or other communication by the arbitral tribunal.
15 (b) The arbitral tribunal may order that any documentary
16 evidence shall be accompanied by a translation into the
17 language or languages agreed upon by the parties or
18 determined by the arbitral tribunal.
19 Section 20-30. Statements of claim and defense.
20 (a) Within the period of time agreed by the parties or
21 determined by the arbitral tribunal, the claimant shall state
22 the facts supporting his or her claim, the points at issue,
23 and the relief or remedy sought, and the respondent shall
24 state his or her defense in respect of these particulars,
25 unless the parties have otherwise agreed as to the required
26 elements of the statements. The parties may submit with
27 their statements all documents they consider to be relevant
28 or may add a reference to the documents or other evidence
29 they will submit.
30 (b) Unless otherwise agreed by the parties, either party
31 may amend or supplement its claim or defense during the
32 course of the arbitral proceedings, unless the arbitral
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1 tribunal considers it inappropriate to allow the amendment,
2 having regard to the delay in making it.
3 Section 20-35. Hearings and written proceedings.
4 (a) Subject to any contrary agreement by the parties,
5 the arbitral tribunal shall decide whether to hold oral
6 hearings for the presentation of evidence or for oral
7 arguments or whether the proceedings shall be conducted on
8 the basis of documents and other materials. However, unless
9 the parties have agreed that no hearings shall be held, the
10 arbitral tribunal shall hold the hearings at an appropriate
11 stage of the proceedings, if so requested by a party.
12 (b) The parties shall be given sufficient advance notice
13 of any hearing and of any meeting of the arbitral tribunal
14 for the purposes of inspection of goods, other property, or
15 documents.
16 (c) All statements, documents, or other information
17 supplied to the arbitral tribunal by one party shall be
18 communicated to the other party. Also, any expert report or
19 evidentiary document on which the arbitral tribunal may rely
20 in making its decision shall be communicated to the parties.
21 Section 20-40. Default of a party. Unless otherwise
22 agreed by the parties:
23 (a) If, without showing sufficient cause, the claimant
24 fails to communicate its statement of claim in accordance
25 with subsection (a) of Section 20-30 of this Act the arbitral
26 tribunal shall terminate the proceedings.
27 (b) If, without showing sufficient cause, the respondent
28 fails to communicate its statement of defense in accordance
29 with subsection (a) of Section 20-30 of this Act the arbitral
30 tribunal shall continue the proceedings without treating the
31 failure in itself as an admission of the claimant's
32 allegations.
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1 (c) If, without showing sufficient cause, any party
2 fails to appear at a hearing or to produce documentary
3 evidence, the arbitral tribunal may continue the proceedings
4 and make the award on the evidence before it.
5 Section 20-45. Expert appointed by arbitral tribunal.
6 Unless otherwise agreed by the parties:
7 (a) The arbitral tribunal may appoint one or more
8 experts to report to it on specific issues to be determined
9 by the arbitral tribunal.
10 (b) The arbitral tribunal may require a party to give
11 the expert any relevant information or to produce or provide
12 access to any relevant documents, goods, or other property
13 for the expert's inspection.
14 (c) If a party so requests or if the arbitral tribunal
15 considers it necessary, the expert shall, after delivery of
16 his or her written or oral report, participate in a hearing
17 where the parties have the opportunity to put questions to
18 the expert and to present expert witnesses in order to
19 testify on the points at issue.
20 Section 20-50. Witnesses, subpoenas, depositions.
21 (a) The arbitral tribunal may issue subpoenas to parties
22 or third parties for the attendance of witnesses and for the
23 production of books, records, documents, and other evidence
24 and shall have the power to administer oaths. The production
25 will be for the purpose of presenting evidence at the
26 arbitration hearing and will not include pre-trial discovery
27 as known in common law countries. Subpoenas so issued shall
28 be served and, upon application to the court by a party or
29 the arbitral tribunal, enforced, in the manner provided by
30 law for the service and enforcement of subpoenas in civil
31 cases.
32 (b) All provisions of law compelling a person under
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1 subpoena to testify are applicable.
2 (c) On application of a party and for use as evidence,
3 the arbitral tribunal may permit a deposition to be taken, in
4 the manner and upon the terms designated by the arbitrators,
5 of a witness who cannot be subpoenaed or is unable to attend
6 the hearing.
7 (d) No other discovery shall be permitted unless
8 otherwise agreed by the parties.
9 Section 20-55. Court assistance in taking evidence. The
10 arbitral tribunal or a party with the approval of the
11 arbitral tribunal may request from a court assistance in
12 taking evidence. The court may execute the request within
13 its competence and according to its rules on taking evidence.
14 ARTICLE 25. MAKING OF AWARD AND
15 TERMINATION OF PROCEEDINGS
16 Section 25-5. Rules applicable to substance of dispute.
17 (a) The arbitral tribunal shall decide the dispute in
18 accordance with any rules of law that are chosen by the
19 parties as applicable to the substance of the dispute. Any
20 designation of the law or legal system of a given country or
21 jurisdiction shall be construed, unless otherwise expressed,
22 as directly referring to the substantive law of that country
23 or jurisdiction and not to its conflict of laws rules.
24 (b) If the parties do not make the designation described
25 in subsection (a) of this Section, the arbitral tribunal
26 shall apply the law as determined by the conflict of laws
27 rules that it considers applicable.
28 (c) The arbitral tribunal shall decide according to what
29 is just and good ("ex aequo et bono") or according to equity
30 and good conscience rather than by the strict rule of law (as
31 "amiable compositeur") only if the parties have expressly
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1 authorized it to do so.
2 (d) In all cases, the arbitral tribunal shall decide in
3 accordance with the terms of the contract and shall take into
4 account the usages of the trade applicable to the
5 transaction.
6 Section 25-10. Decision making by panel of arbitrators.
7 In arbitral proceedings with more than one arbitrator, any
8 decision of the arbitral tribunal shall be made, unless
9 otherwise agreed by the parties, by a majority of all its
10 members. However, questions of procedure may be decided by a
11 presiding arbitrator, if so authorized by the parties or all
12 members of the arbitral tribunal.
13 Section 25-15. Settlement.
14 (a) With the agreement of the parties, the arbitral
15 tribunal may use mediation, conciliation, or other dispute
16 resolution procedures at any time during the arbitral
17 proceedings to encourage settlement.
18 (b) If, during arbitral proceedings, the parties settle
19 the dispute, the arbitral tribunal shall terminate the
20 proceedings and, if requested by the parties and not objected
21 to by the arbitral tribunal, record the settlement in the
22 form of an arbitral award on agreed terms.
23 (c) An award on agreed terms shall be made in accordance
24 with the provisions of Section 25-20 of this Act and shall
25 state that it is an award. The award has the same status and
26 effect as any other award on the merits of the case.
27 Section 25-20. Form and content of award.
28 (a) The award shall be made in writing and shall be
29 signed by the arbitrator or arbitrators.
30 (b) In arbitral proceedings with more than one
31 arbitrator, the signatures of the majority of all members of
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1 the arbitral tribunal shall suffice, provided that the reason
2 for any omitted signature is stated.
3 (c) The award shall state the reasons upon which it is
4 based, unless the parties have agreed that no reasons are to
5 be given or the award is an award on agreed terms under
6 Section 25-15 of this Act.
7 (d) The award shall state its date and the place of
8 arbitration as determined in accordance with subsection (a)
9 of Section 20-15 of this Act. The award shall be deemed to
10 have been made at that place.
11 (e) After the award is made, a copy signed by the
12 arbitrators in accordance with subsection (a) of this Section
13 shall be delivered to each party.
14 (f) The arbitral tribunal may, at any time during the
15 proceedings, make an interim award on any matter with respect
16 to which it may make a final award. The interim award may be
17 enforced in the same manner as a final award.
18 (g) Unless otherwise agreed by the parties, the arbitral
19 tribunal may award interest.
20 (h) Unless otherwise agreed by the parties, the costs of
21 an arbitration are at the discretion of the arbitral
22 tribunal.
23 (i) In making an order for costs, the arbitral tribunal
24 may include as costs any of the following:
25 (1) the fees and expenses of the arbitrators and
26 expert witnesses;
27 (2) legal fees and expenses;
28 (3) any administration fees of the institution
29 supervising the arbitration; and
30 (4) any other expenses incurred in connection with
31 the arbitral proceedings.
32 (j) In making an order for costs, the arbitral tribunal
33 may specify:
34 (1) the party entitled to costs;
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1 (2) the party who shall pay the costs;
2 (3) the amount of costs or method of determining
3 that amount; and
4 (4) the manner in which the costs are to be paid.
5 Section 25-25. Termination of proceedings.
6 (a) The arbitral proceedings are terminated by the final
7 award or by an order of the arbitral tribunal in accordance
8 with subsection (b) of this Section.
9 (b) The arbitral tribunal shall issue an order for the
10 termination of the arbitral proceedings when any one of the
11 following events occurs:
12 (1) The claimant withdraws its claim, unless the
13 respondent objects thereto and the arbitral tribunal
14 recognizes a legitimate interest on his or her part in
15 obtaining a final settlement of the dispute.
16 (2) The parties agree on the termination of the
17 proceedings.
18 (3) The arbitral tribunal finds that the
19 continuation of the proceedings has for any other reason
20 become unnecessary or impossible.
21 (c) Subject to Section 25-30 of this Act, the mandate of
22 the arbitral tribunal terminates with the termination of the
23 arbitral proceedings.
24 Section 25-30. Correction of interpretation of award;
25 additional award.
26 (a) Within 30 days of receipt of the award, unless the
27 parties agree to another period of time:
28 (1) A party, with notice to the other party, may
29 request the arbitral tribunal to correct in the award any
30 error in computation, any clerical or typographical
31 errors, or any errors of similar nature.
32 (2) If so agreed by the parties, a party, with
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1 notice to the other party, may request the arbitral
2 tribunal to give an interpretation of a specific point or
3 part of the award. If the arbitral tribunal considers
4 the request to be justified, it shall make the correction
5 or give the interpretation within 30 days of receipt of
6 the request. The interpretation shall form part of the
7 award.
8 (b) The arbitral tribunal may correct any error of the
9 type referred to in subdivision (1) of subsection (a) of this
10 Section on its own initiative within 30 days of the day of
11 the award.
12 (c) Unless otherwise agreed to by the parties, a party,
13 with notice to the other party, may, within 30 days of
14 receipt of the award, request the arbitral tribunal to make
15 an additional award as to claims presented in the arbitral
16 proceedings but omitted from the award. If the arbitral
17 tribunal considers the request to be justified, it shall make
18 the additional award within 60 days after the date of receipt
19 of the request.
20 (d) The arbitral tribunal may extend, if necessary, the
21 period of time within which it shall make a correction,
22 interpretation, or an additional award under subsections (a)
23 or (c) of this Section.
24 (e) The provisions of Section 25-20 of this Act shall
25 apply to a correction or interpretation of the award or to an
26 additional award made under this Section.
27 ARTICLE 99. EFFECTIVE DATE
28 Section 99-99. Effective date. This Act takes effect
29 upon becoming law.