2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 30/ - International Commercial Arbitration Act. › Article 20 - Conduct Of Arbitral Proceedings

(710 ILCS 30/Art. 20 heading)
ARTICLE 20.  
		CONDUCT OF ARBITRAL PROCEEDINGS
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)