2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 5/ - Uniform Arbitration Act.

(710 ILCS 5/1) (from Ch. 10, par. 101)
Sec. 1. Validity of arbitration agreement. A written
agreement to submit any existing controversy to arbitration
or a provision in a written contract to submit to arbitration
any controversy thereafter arising between the parties is
valid, enforceable and irrevocable save upon such grounds as
exist for the revocation of any contract, including failure to comply with the terms of the Workplace Transparency Act, except that any
agreement between a patient and a hospital or health care
provider to submit to binding arbitration a claim for damages
arising out of (1) injuries alleged to have been received by
a patient, or (2) death of a patient, due to hospital or health
care provider negligence or other wrongful act, but not
including intentional torts, is also subject to the Health
Care Arbitration Act.
(Source: P.A. 101-221, eff. 1-1-20.)
(710 ILCS 5/2) (from Ch. 10, par. 102)
Sec. 2. 
		
		Proceedings to compel or stay arbitration.)
(a) On application of a party showing an agreement described in Section
1, and the opposing party's refusal to arbitrate, the court shall order
the parties to proceed with arbitration, but if the opposing party denies
the existence of the agreement to arbitrate, the court shall proceed
summarily to the determination of the issue so raised and shall order
arbitration if found for the moving party, otherwise, the application shall
be denied.
(b) On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement to
arbitrate.  That issue, when in substantial and bona fide dispute, shall be
forthwith and summarily tried and the stay ordered if found for the moving
party.  If found for the opposing party, the court shall order the parties
to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is
involved in an action or proceeding pending in a court having jurisdiction
to hear applications under subdivision (a) of this Section, the application
shall be made therein.  Otherwise and subject to Section 17, the
application may be made in any circuit court.
(d) Any action or proceeding involving an issue subject to arbitration
shall be stayed if an order for arbitration or an application therefor has
been made under this Section or, if the issue is severable, the stay may be
with respect thereto only.  When the application is made in such action or
proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the
claim in issue lacks merit or bona fides or because any fault or grounds
for the claim sought to be arbitrated have not been shown.
(Source: P.A. 79-1361.)
(710 ILCS 5/3) (from Ch. 10, par. 103)
Sec. 3. 
		
		Appointment
of arbitrators.
If the arbitration agreement provides a method of appointment of
arbitrators, this method shall be followed. In the absence thereof, any
method of appointment of arbitrators agreed upon by the parties to the
contract shall be followed. An arbitrator so appointed has all the powers
of one specifically named in the agreement. When an arbitrator appointed
fails or is unable to act, his successor shall be appointed in the same
manner as the original appointment. If the method of appointment of
arbitrators is not specified in the agreement and cannot be agreed upon by
the parties, the entire arbitration agreement shall terminate.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/4) (from Ch. 10, par. 104)
Sec. 4. 
		
		Majority
action by arbitrators.
The powers of the arbitrators may be exercised by a majority unless
otherwise provided by the agreement or by this Act.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/5) (from Ch. 10, par. 105)
Sec. 5. 
		Hearing.
Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and
cause notification to the parties to be served personally or by registered
mail not less than 5 days before the hearing. Appearance at the hearing
waives such notice. The arbitrators may adjourn the hearing from time to
time as necessary and, on request of a party and for good cause, or upon
their own motion may postpone the hearing to a time not later than the date
fixed by the agreement for making the award unless the parties consent to a
later date. The arbitrators may hear and determine the controversy upon the
evidence produced notwithstanding the failure of a party duly notified to
appear. The court on application may direct the arbitrators to proceed
promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material
to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority
may determine any question and render a final award. If, during the course
of the hearing, an arbitrator for any reason ceases to act, the remaining
arbitrator or arbitrators appointed to act as neutrals may continue with
the hearing and determination of the controversy, unless otherwise provided
in the agreement.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/6) (from Ch. 10, par. 106)
Sec. 6. 
		Representation by attorney.
A party has the right to be represented by an attorney at any proceeding
or hearing under this Act. A waiver thereof prior to the proceeding or
hearing is ineffective.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/7) (from Ch. 10, par. 107)
Sec. 7. 
		
		Witnesses,
subpoenas, depositions.
(a) The arbitrators may issue subpoenas for the attendance of witnesses
and for the production of books, records, documents and other evidence, and
shall have the power to administer oaths. Subpoenas so issued shall be
served, and upon application to the court by a party or the arbitrators,
enforced, in the manner provided by law for the service and enforcement of
subpoenas in civil cases.
(b) On application of a party and for use as evidence, the arbitrators
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.
(c) All provisions of law compelling a person under subpoena to testify
are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness
in the Circuit Court.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/8) (from Ch. 10, par. 108)
Sec. 8. Award.
(a) The award shall be in writing and signed by the arbitrators joining
in the award. The arbitrators shall deliver a copy to each party personally
or by registered mail, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the
agreement or, if not so fixed, within such time as the court orders on
application of a party. The parties may extend the time in writing either
before or after the expiration thereof. A party waives the objection that
an award was not made within the time required unless he notifies the
arbitrators of his objection prior to the delivery of the award to him.
(c) Rules applicable to substance of dispute.
(i) The arbitrators 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 jurisdiction shall be construed, unless otherwise expressed, as directly referring to the substantive law of that jurisdiction and not to its conflict of law rules.
(ii) If the parties do not make a designation     described in subsection (i) of this Section, the arbitrators shall apply the law as determined by the conflict of laws rules that they consider applicable.
(iii) In all cases, the arbitrators shall decide in     accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
(iv)  Nothing in this subsection (c) shall apply to     an arbitration which is part of or pursuant to a collective bargaining agreement. (Source: P.A. 96-1476, eff. 1-1-11.)
(710 ILCS 5/9) (from Ch. 10, par. 109)
Sec. 9. 
		
		Change of
award by arbitrators.
On application of a party to the arbitrators or, if an application to
the court is pending under Sections 11, 12 or 13, on submission to the
arbitrators by the court under such conditions as the court may order, the
arbitrators may modify or correct the award upon the grounds stated in
paragraphs (1) and (3) of subdivision (a) of Section 13, or for the purpose
of clarifying the award. The application shall be made within 20 days after
delivery of the award to the applicant. Written notice thereof shall be
given forthwith to the opposing party, stating he must serve his objections
thereto, if any, within 10 days from the notice. The award so modified or
corrected is subject to the provisions of Sections 11, 12 and 13.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/10) (from Ch. 10, par. 110)
Sec. 10. 
		
		Fees and
expenses of arbitration.
Unless otherwise provided in the agreement to arbitrate, the
arbitrators' expenses and fees, together with other expenses, not including
attorney's fees, incurred in the conduct of the arbitration, shall be paid
as provided in the award.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/11) (from Ch. 10, par. 111)
Sec. 11. 
		Confirmation of an award.
Upon application of a party, the court shall confirm an award, unless
within the time limits hereinafter imposed grounds are urged for vacating
or modifying or correcting the award, in which case the court shall proceed
as provided in Sections 12 and 13.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/12) (from Ch. 10, par. 112)
Sec. 12. 
		Vacating an award.)
(a) Upon application of a party, the court shall vacate an award where:
(1) the award was procured by corruption, fraud or     other undue means;
(2) there was evident partiality by an arbitrator     appointed as a neutral or corruption in any one of the arbitrators or misconduct prejudicing the rights of any party;
(3) the arbitrators exceeded their powers;
(4) the arbitrators refused to postpone the hearing     upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of Section 5, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue     was not adversely determined in proceedings under Section 2 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by the circuit court is not ground for vacating or refusing to confirm the award.
(b) An application under this Section shall be made within 90 days after
delivery of a copy of the award to the applicant, except that if predicated
upon corruption, fraud or other undue means, it shall be made within 90
days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in clause (5) of
subsection (a) the court may order a rehearing before new arbitrators
chosen as provided in Section 3, or if the award is vacated on grounds
set forth in clauses (3) and (4) of subsection (a) the court may order a
rehearing before the arbitrators who made the award or their successors
appointed in accordance with Section 3.  The time within which the agreement
requires the award to be made is applicable to the rehearing and commences
from the date of the order.
(d) If the application to vacate is denied and no motion to modify or
correct the award is pending, the court shall confirm the award.
(e) Nothing in this Section or any other Section of this Act shall apply
to the vacating, modifying, or correcting of any award entered as a result
of an arbitration agreement which is a part of or pursuant to a collective
bargaining agreement; and the grounds for vacating, modifying, or
correcting such an award shall be those which existed prior to the
enactment of this Act.
(Source: P.A. 79-1361.)
(710 ILCS 5/13) (from Ch. 10, par. 113)
Sec. 13. 
		Modification or correction of awards.
(a) Upon application made within 90 days after delivery of a copy of the
award to the applicant, the court shall modify or correct the award where:
(1) There was an evident miscalculation of figures or an evident mistake
in the description of any person, thing or property referred to in the
award;
(2) The arbitrators have awarded upon a matter not submitted to them and
the award may be corrected without affecting the merits of the decision
upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits
of the controversy.
(b) If the application is granted, the court shall modify and correct
the award so as to effect its intent and shall confirm the award as so
modified and corrected. Otherwise, the court shall confirm the award as
made.
(c) An application to modify or correct an award may be joined in the
alternative with an application to vacate the award.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/14) (from Ch. 10, par. 114)
Sec. 14. 
		
		Judgment on award.)
Upon the granting of an order confirming, modifying or correcting an
award, judgment shall be entered in conformity therewith and be
enforced as any other judgment.  Costs of the application and of
the proceedings subsequent thereto, and disbursements may be awarded by the
court as to the court seems just.
(Source: P.A. 79-1361.)
(710 ILCS 5/15) (from Ch. 10, par. 115)
Sec. 15. 
		Applications to court.
Except as otherwise provided, an application to the court under this Act
shall be by motion and shall be heard in the manner and upon the notice
provided by law or rule of court for the making and hearing of motions in
civil cases. Unless the parties have agreed otherwise, notice of an initial
application for an order shall be served in the manner provided by law for
the service of summons in civil cases.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/16) (from Ch. 10, par. 116)
Sec. 16. 
		
		Court, jurisdiction.)
The term "court" means any circuit court of this
State.  The making of an agreement described in Section 1 providing for
arbitration in this State confers jurisdiction on the court to enforce the
agreement under this Act and to enter judgment on an award thereunder.
(Source: P.A. 79-1361.)
(710 ILCS 5/17) (from Ch. 10, par. 117)
Sec. 17. 
		Venue.
An initial application shall be made to the court of the county in which
the agreement provides the arbitration hearing shall be held or, if the
hearing has been held, in the county in which it was held. Otherwise the
application shall be made in the county where the adverse party resides or
has a place of business or, if he has no residence or place of business in
this State, to the court of any county. All subsequent applications shall
be made to the court hearing the initial application unless the court
otherwise directs.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/18) (from Ch. 10, par. 118)
Sec. 18. 
		Appeals.
Appeals may be taken in the same manner, upon the same terms, and with
like effect as in civil cases.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/19) (from Ch. 10, par. 119)
Sec. 19. 
		
		Act not
retroactive.
This Act applies only to agreements made subsequent to the effective
date of this Act.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/20) (from Ch. 10, par. 120)
Sec. 20. 
		Construction of act.
This Act shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/21) (from Ch. 10, par. 121)
Sec. 21. 
		Severability.
If any provision of this Act or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are severable.
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/22) (from Ch. 10, par. 122)
Sec. 22. 
		Short
title. 
		This Act shall be known and may be cited as the "Uniform Arbitration
Act".
(Source: Laws 1961, p. 3844.)
(710 ILCS 5/23) (from Ch. 10, par. 123)
Sec. 23. 
		Repeal.
"An Act to revise the law in relation to arbitrations and awards",
approved June 11, 1917, as amended, is repealed; provided, however, that
any agreement entered into prior to the effective date of this Act to
submit to arbitration a dispute existing at the date of the agreement shall
be governed by said Act approved June 11, 1917; provided further, that this
Act does not impair the validity of any proceeding under said Act, approved
June 11, 1917, commenced prior to the effective date of this Act.
(Source: Laws 1961, p. 3844.)