2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 30/ - International Commercial Arbitration Act. › Article 10 - Composition Of Arbitral Tribunal

(710 ILCS 30/Art. 10 heading)
ARTICLE 10.  
		COMPOSITION OF ARBITRAL TRIBUNAL
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)