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90_HB2369enr
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.
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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 execution of that
17 agreement, their places of business in different
18 countries; or
19 (2) one of the following places is situated outside
20 the country or countries in which the parties have their
21 places of business: (i) the place of arbitration if
22 determined in, or pursuant to, the arbitration agreement
23 or (ii) the place where the predominant part of the
24 obligations of the commercial relationship is to be
25 performed or the place with which the subject matter of
26 the dispute is most closely connected; or
27 (3) the parties have expressly agreed that the
28 subject matter of the arbitration agreement relates to
29 more than one country.
30 (d) For the purposes of subsection (c) of this Section:
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1 (1) If a party has more than one place of business,
2 the place of business is that which has the closest
3 relationship to the arbitration agreement.
4 (2) If a party does not have a place of business,
5 reference is to be made to his or her habitual residence.
6 (e) This Act shall not affect any other law in force in
7 the State of Illinois by virtue of which certain disputes may
8 not be submitted to arbitration or may be submitted to
9 arbitration only according to provisions other than those of
10 this Act.
11 Section 1-10. Definitions and rules of interpretation.
12 For the purposes of this Act:
13 (a) "Arbitration" means any arbitration whether or not
14 administered by a permanent arbitral institution.
15 (b) "Arbitral tribunal" means a sole arbitrator or a
16 panel of arbitrators.
17 (c) "Court" means a court of competent jurisdiction of a
18 country or state.
19 (d) Where a provision of this Act, except Section 25-5,
20 leaves the parties free to determine a certain issue, the
21 freedom includes the right of the parties to authorize a
22 third party, including an institution, to make that
23 determination.
24 (e) Where a provision of this Act refers to the fact
25 that the parties have agreed or that they may agree or in any
26 other way refers to an agreement of the parties, the
27 agreement includes any arbitration rules referred to in that
28 agreement.
29 (f) Where a provision of this Act, other than in
30 subsection (a) of Section 20-40 and subsection (a) of Section
31 25-25, refers to a claim, it also applies to a counter claim,
32 and where it refers to a defense, it also applies to a
33 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; provided
22 that this provision shall not preclude the parties from
23 raising any ground for setting aside or refusing to recognize
24 or enforce an arbitral award to the extent otherwise
25 permitted under applicable federal law. The court, in
26 appointing an arbitrator, shall have due regard to any
27 qualifications required of the arbitrator by the agreement of
28 the parties and to any considerations that are likely to
29 secure the appointment of an independent and impartial
30 arbitrator and, in the case of a sole or third arbitrator,
31 shall take into account as well the advisability of
32 appointing an arbitrator of a nationality other than those of
33 the parties.
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1 Section 10-15. Grounds for challenge.
2 (a) When a person is approached in connection with his
3 or her possible appointment as an arbitrator, that person
4 shall disclose any circumstances likely to give rise to
5 justifiable doubts as to his or her impartiality or
6 independence. An arbitrator, from the time of his or her
7 appointment and throughout the arbitral proceedings, shall
8 without delay disclose any of these circumstances to the
9 parties unless they have already been informed of them by the
10 arbitrator.
11 (b) An arbitrator may be challenged only if
12 circumstances exist that give rise to justifiable doubts as
13 to his or her impartiality or independence or if he or she
14 does not possess qualifications agreed to by the parties. A
15 party may challenge an arbitrator it has appointed, or in
16 whose appointment it has participated, only for reasons of
17 which that party becomes aware after the appointment has been
18 made.
19 Section 10-20. Challenge procedure.
20 (a) The parties are free to agree on a procedure for
21 challenging an arbitrator, subject to the provisions of
22 subsection (c) of this Section.
23 (b) If the parties are unable to reach an agreement, a
24 party that intends to challenge an arbitrator shall, within
25 15 days after becoming aware of the constitution of the
26 arbitral tribunal or after becoming aware of any circumstance
27 referred to in subsection (b) of Section 10-15 of this Act,
28 send a written statement of the reasons for the challenge to
29 the arbitral tribunal. Unless the challenged arbitrator
30 withdraws from office or the other party agrees to the
31 challenge, the arbitral tribunal shall decide on the
32 challenge.
33 (c) If a challenge under any procedure agreed upon by
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1 the parties or under the procedure of subsection (b) of this
2 Section is not successful, the challenging party may request,
3 within 30 days after having received notice of the decision
4 rejecting the challenge, the court specified in Section 1-30
5 of this Act to decide on the challenge, which decision is not
6 subject to appeal; provided that this provision shall not
7 preclude the parties from raising any ground for setting
8 aside or refusing to recognize or enforce an arbitral award
9 to the extent otherwise permitted under applicable federal
10 law. While the request is pending, the arbitral tribunal,
11 including the challenged arbitrator, may continue the
12 arbitral proceedings and make an award.
13 Section 10-25. Failure or impossibility to act.
14 (a) If an arbitrator becomes de jure or de facto unable
15 to perform his or her functions or for other reasons fails to
16 act without undue delay, that arbitrator's mandate terminates
17 if he or she withdraws from office or if the parties agree on
18 the termination. Otherwise, if a controversy remains
19 concerning any of these grounds, any party may request the
20 court specified in Section 1-30 of this Act to decide on the
21 termination of the mandate, which decision is not subject to
22 appeal.
23 (b) If, under this Section or under subsection (b) of
24 Section 10-20 of this Act, an arbitrator withdraws from
25 office or a party agrees to the termination of the mandate of
26 an arbitrator, this does not imply acceptance of the validity
27 of any ground referred to in this Section or subsection (b)
28 of Section 10-15 of this Act.
29 Section 10-30. Appointment of substitute arbitrator.
30 Where the mandate of an arbitrator terminates under Sections
31 10-20 or 10-25 of this Act or because of his or her
32 withdrawal from office for any other reason or because of the
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1 revocation or termination of that arbitrator's mandate, a
2 substitute arbitrator shall be appointed according to the
3 rules or procedures that were applicable to the appointment
4 of the arbitrator being replaced.
5 ARTICLE 15. JURISDICTION OF ARBITRAL TRIBUNAL
6 Section 15-5. Competence of arbitral tribunal to rule on
7 its jurisdiction.
8 (a) The arbitral tribunal may rule on its own
9 jurisdiction, including any objections with respect to the
10 existence or validity of the arbitration agreement. For that
11 purpose, an arbitration clause that forms part of a contract
12 shall be treated as an agreement independent of the other
13 terms of the contract. A decision by the arbitral tribunal
14 that the contract is null and void shall not by itself mean
15 that the contract's arbitration clause is invalid.
16 (b) A plea that the arbitral tribunal does not have
17 jurisdiction shall be raised not later than the submission of
18 the statement of defense. A party is not precluded from
19 raising the plea by the fact that he or she has appointed or
20 participated in the appointment of an arbitrator. A plea
21 that the arbitral tribunal is exceeding the scope of its
22 authority shall be raised as soon as the matter alleged to be
23 beyond the scope of its authority is raised during the
24 arbitral proceedings. The arbitral tribunal may, in either
25 case, admit a later plea if it considers the delay justified.
26 (c) The arbitral tribunal may rule on a plea referred to
27 in subsection (b) of this Section either as a preliminary
28 question or in an award on the merits. If the arbitral
29 tribunal rules as a preliminary question that it has
30 jurisdiction, any party may request, within 30 days after
31 having received notice of that ruling, the court specified in
32 Section 1-30 of this Act to decide the matter, which decision
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1 is not subject to appeal; provided that this provision shall
2 not preclude the parties from raising any ground for setting
3 aside or refusing to recognize or enforce an arbitral award
4 to the extent otherwise permitted under applicable federal
5 law. While the request is pending, the arbitral tribunal may
6 continue the arbitral proceedings and make an award.
7 Section 15-10. Power of arbitral tribunal to award
8 interim measures. Unless otherwise agreed by the parties,
9 the arbitral tribunal may, at the request of a party, order
10 any party to take any interim measure of protection that the
11 arbitral tribunal may consider necessary in respect of the
12 subject matter of the dispute. The arbitral tribunal may
13 require any party to provide appropriate security in
14 connection with the measure.
15 ARTICLE 20. CONDUCT OF ARBITRAL PROCEEDINGS
16 Section 20-5. Equal treatment of parties. The parties
17 shall be treated with equality, and each party shall be given
18 a full opportunity of presenting his or her case.
19 Section 20-10. Determination of rules of procedure.
20 (a) Subject to the provisions of this Act, the parties
21 are free to agree on the procedure to be followed by the
22 arbitral tribunal in conducting the proceedings.
23 (b) If the parties do not reach an agreement, the
24 arbitral tribunal may, subject to the provisions of this Act,
25 conduct the arbitration in a manner that it considers
26 appropriate. The power conferred upon the arbitral tribunal
27 includes the power to determine the admissibility, relevance,
28 materiality, and weight of any evidence.
29 Section 20-15. Place of arbitration.
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1 (a) The parties are free to agree on the place of
2 arbitration. If the parties do not reach an agreement, the
3 place of arbitration shall be determined by the arbitral
4 tribunal, having regard to the circumstances of the case,
5 including the convenience of the parties.
6 (b) Notwithstanding the provisions of subsection (a) of
7 this Section, the arbitral tribunal may, unless otherwise
8 agreed by the parties, meet at any place it considers
9 appropriate for consultation among its members, for hearing
10 witnesses, experts, or the parties, or for inspection of
11 goods, other property, or documents.
12 Section 20-20. Commencement of arbitral proceedings.
13 Unless otherwise agreed by the parties, the arbitral
14 proceedings in respect of a particular dispute commence on
15 the date on which a request for that dispute to be referred
16 to arbitration is received by the respondent.
17 Section 20-25. Language.
18 (a) The parties are free to agree on the language or
19 languages to be used in the arbitral proceedings. If the
20 parties do not reach an agreement, the arbitral tribunal
21 shall determine the language or languages to be used in the
22 proceedings. This agreement or determination, unless
23 otherwise specified therein, shall apply to any written
24 statement by a party, any hearing, and any award, decision,
25 or other communication by the arbitral tribunal.
26 (b) The arbitral tribunal may order that any documentary
27 evidence shall be accompanied by a translation into the
28 language or languages agreed upon by the parties or
29 determined by the arbitral tribunal.
30 Section 20-30. Statements of claim and defense.
31 (a) Within the period of time agreed by the parties or
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1 determined by the arbitral tribunal, the claimant shall state
2 the facts supporting his or her claim, the points at issue,
3 and the relief or remedy sought, and the respondent shall
4 state his or her defense in respect of these particulars,
5 unless the parties have otherwise agreed as to the required
6 elements of the statements. The parties may submit with
7 their statements all documents they consider to be relevant
8 or may add a reference to the documents or other evidence
9 they will submit.
10 (b) Unless otherwise agreed by the parties, either party
11 may amend or supplement its claim or defense during the
12 course of the arbitral proceedings, unless the arbitral
13 tribunal considers it inappropriate to allow the amendment,
14 having regard to the delay in making it.
15 Section 20-35. Hearings and written proceedings.
16 (a) Subject to any contrary agreement by the parties,
17 the arbitral tribunal shall decide whether to hold oral
18 hearings for the presentation of evidence or for oral
19 arguments or whether the proceedings shall be conducted on
20 the basis of documents and other materials. However, unless
21 the parties have agreed that no hearings shall be held, the
22 arbitral tribunal shall hold the hearings at an appropriate
23 stage of the proceedings, if so requested by a party.
24 (b) The parties shall be given sufficient advance notice
25 of any hearing and of any meeting of the arbitral tribunal
26 for the purposes of inspection of goods, other property, or
27 documents.
28 (c) All statements, documents, or other information
29 supplied to the arbitral tribunal by one party shall be
30 communicated to the other party. Also, any expert report or
31 evidentiary document on which the arbitral tribunal may rely
32 in making its decision shall be communicated to the parties.
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1 Section 20-40. Default of a party. Unless otherwise
2 agreed by the parties:
3 (a) If, without showing sufficient cause, the claimant
4 fails to communicate its statement of claim in accordance
5 with subsection (a) of Section 20-30 of this Act the arbitral
6 tribunal shall terminate the proceedings.
7 (b) If, without showing sufficient cause, the respondent
8 fails to communicate its statement of defense in accordance
9 with subsection (a) of Section 20-30 of this Act the arbitral
10 tribunal shall continue the proceedings without treating the
11 failure in itself as an admission of the claimant's
12 allegations.
13 (c) If, without showing sufficient cause, any party
14 fails to appear at a hearing or to produce documentary
15 evidence, the arbitral tribunal may continue the proceedings
16 and make the award on the evidence before it.
17 Section 20-45. Expert appointed by arbitral tribunal.
18 Unless objected to by one or both parties:
19 (a) The arbitral tribunal may appoint one or more
20 experts to report to it on specific issues to be determined
21 by the arbitral tribunal.
22 (b) The arbitral tribunal may require a party to give
23 the expert any relevant information or to produce or provide
24 access to any relevant documents, goods, or other property
25 for the expert's inspection.
26 (c) If a party so requests or if the arbitral tribunal
27 considers it necessary, the expert shall, after delivery of
28 his or her written or oral report, participate in a hearing
29 where the parties have the opportunity to put questions to
30 the expert and to present expert witnesses in order to
31 testify on the points at issue.
32 Section 20-50. Witnesses, subpoenas, depositions.
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1 (a) The arbitral tribunal may issue subpoenas to parties
2 or third parties for the attendance of witnesses and for the
3 production of books, records, documents, and other evidence
4 and shall have the power to administer oaths. The production
5 will be for the purpose of presenting evidence at the
6 arbitration hearing and will not include pre-trial discovery
7 as known in common law countries. Subpoenas so issued shall
8 be served and, upon application to the court by a party or
9 the arbitral tribunal, enforced, in the manner provided by
10 law for the service and enforcement of subpoenas in civil
11 cases.
12 (b) All provisions of law compelling a person under
13 subpoena to testify are applicable.
14 (c) On application of a party and for use as evidence,
15 the arbitral tribunal may permit a deposition to be taken, in
16 the manner and upon the terms designated by the arbitrators,
17 of a witness who cannot be subpoenaed or is unable to attend
18 the hearing.
19 (d) No other discovery shall be permitted unless
20 otherwise agreed by the parties.
21 Section 20-55. Court assistance in taking evidence. The
22 arbitral tribunal or a party with the approval of the
23 arbitral tribunal may request from a court assistance in
24 taking evidence. The court may execute the request within
25 its competence and according to its rules on taking evidence.
26 ARTICLE 25. MAKING OF AWARD AND
27 TERMINATION OF PROCEEDINGS
28 Section 25-5. Rules applicable to substance of dispute.
29 (a) The arbitral tribunal shall decide the dispute in
30 accordance with any rules of law that are chosen by the
31 parties as applicable to the substance of the dispute. Any
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1 designation of the law or legal system of a given country or
2 jurisdiction shall be construed, unless otherwise expressed,
3 as directly referring to the substantive law of that country
4 or jurisdiction and not to its conflict of laws rules.
5 (b) If the parties do not make the designation described
6 in subsection (a) of this Section, the arbitral tribunal
7 shall apply the law as determined by the conflict of laws
8 rules that it considers applicable.
9 (c) The arbitral tribunal shall decide according to what
10 is just and good ("ex aequo et bono") or according to equity
11 and good conscience (as "amiable compositeur") rather than by
12 the strict rule of law only if the parties have expressly
13 authorized it to do so.
14 (d) In all cases, the arbitral tribunal shall decide in
15 accordance with the terms of the contract and shall take into
16 account the usages of the trade applicable to the
17 transaction.
18 Section 25-10. Decision making by panel of arbitrators.
19 In arbitral proceedings with more than one arbitrator, any
20 decision of the arbitral tribunal shall be made, unless
21 otherwise agreed by the parties, by a majority of all its
22 members. However, questions of procedure may be decided by a
23 presiding arbitrator, if so authorized by the parties or all
24 members of the arbitral tribunal.
25 Section 25-15. Settlement.
26 (a) With the agreement of the parties, the arbitral
27 tribunal may use mediation, conciliation, or other dispute
28 resolution procedures at any time during the arbitral
29 proceedings to encourage settlement.
30 (b) If, during arbitral proceedings, the parties settle
31 the dispute, the arbitral tribunal shall terminate the
32 proceedings and, if requested by the parties and not objected
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1 to by the arbitral tribunal, record the settlement in the
2 form of an arbitral award on agreed terms.
3 (c) An award on agreed terms shall be made in accordance
4 with the provisions of Section 25-20 of this Act and shall
5 state that it is an award. The award has the same status and
6 effect as any other award on the merits of the case.
7 Section 25-20. Form and content of award.
8 (a) The award shall be made in writing and shall be
9 signed by the arbitrator or arbitrators.
10 (b) In arbitral proceedings with more than one
11 arbitrator, the signatures of the majority of all members of
12 the arbitral tribunal shall suffice, provided that the reason
13 for any omitted signature is stated.
14 (c) The award shall state the reasons upon which it is
15 based, unless the parties have agreed that no reasons are to
16 be given or the award is an award on agreed terms under
17 Section 25-15 of this Act.
18 (d) The award shall state its date and the place of
19 arbitration as determined in accordance with subsection (a)
20 of Section 20-15 of this Act. The award shall be deemed to
21 have been made at that place.
22 (e) After the award is made, a copy signed by the
23 arbitrators in accordance with subsection (a) of this Section
24 shall be delivered to each party.
25 (f) The arbitral tribunal may, at any time during the
26 proceedings, make an interim award on any matter with respect
27 to which it may make a final award. The interim award may be
28 enforced in the same manner as a final award.
29 (g) Unless otherwise agreed by the parties, the arbitral
30 tribunal may award interest.
31 (h) Unless otherwise agreed by the parties, the costs of
32 an arbitration are at the discretion of the arbitral
33 tribunal.
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1 (i) In making an order for costs, the arbitral tribunal
2 may include as costs any of the following:
3 (1) the fees and expenses of the arbitrators and
4 expert witnesses;
5 (2) legal fees and expenses;
6 (3) any administration fees of the institution
7 supervising the arbitration; and
8 (4) any other expenses incurred in connection with
9 the arbitral proceedings.
10 (j) In making an order for costs, the arbitral tribunal
11 may specify:
12 (1) the party entitled to costs;
13 (2) the party who shall pay the costs;
14 (3) the amount of costs or method of determining
15 that amount; and
16 (4) the manner in which the costs are to be paid.
17 Section 25-25. Termination of proceedings.
18 (a) The arbitral proceedings are terminated by the final
19 award or by an order of the arbitral tribunal in accordance
20 with subsection (b) of this Section.
21 (b) The arbitral tribunal shall issue an order for the
22 termination of the arbitral proceedings when any one of the
23 following events occurs:
24 (1) The claimant withdraws its claim, unless the
25 respondent objects thereto and the arbitral tribunal
26 recognizes a legitimate interest on his or her part in
27 obtaining a final settlement of the dispute.
28 (2) The parties agree on the termination of the
29 proceedings.
30 (3) The arbitral tribunal finds that the
31 continuation of the proceedings has for any other reason
32 become unnecessary or impossible.
33 (c) Subject to Section 25-30 of this Act, the mandate of
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1 the arbitral tribunal terminates with the termination of the
2 arbitral proceedings.
3 Section 25-30. Correction or interpretation of award;
4 additional award.
5 (a) Within 30 days of receipt of the award, unless the
6 parties agree to another period of time:
7 (1) A party, with notice to the other party, may
8 request the arbitral tribunal to correct in the award any
9 error in computation, any clerical or typographical
10 errors, or any errors of similar nature.
11 (2) If so agreed by the parties, a party, with
12 notice to the other party, may request the arbitral
13 tribunal to give an interpretation of a specific point or
14 part of the award. If the arbitral tribunal considers
15 the request to be justified, it shall make the correction
16 or give the interpretation within 30 days of receipt of
17 the request. The interpretation shall form part of the
18 award.
19 (b) The arbitral tribunal may correct any error of the
20 type referred to in subdivision (1) of subsection (a) of this
21 Section on its own initiative within 30 days of the day of
22 the award.
23 (c) Unless otherwise agreed to by the parties, a party,
24 with notice to the other party, may, within 30 days of
25 receipt of the award, request the arbitral tribunal to make
26 an additional award as to claims presented in the arbitral
27 proceedings but omitted from the award. If the arbitral
28 tribunal considers the request to be justified, it shall make
29 the additional award within 60 days after the date of receipt
30 of the request.
31 (d) The arbitral tribunal may extend, if necessary, the
32 period of time within which it shall make a correction,
33 interpretation, or an additional award under subsections (a)
HB2369 Enrolled -19- LRB9006848NTsbA
1 or (c) of this Section.
2 (e) The provisions of Section 25-20 of this Act shall
3 apply to a correction or interpretation of the award or to an
4 additional award made under this Section.
5 ARTICLE 99. EFFECTIVE DATE
6 Section 99-99. Effective date. This Act takes effect
7 upon becoming law.