(710 ILCS 30/Art. 5 heading)
(710 ILCS 30/5-5)
Sec. 5-5.
Definition and form of arbitration agreement.
(a) "Arbitration agreement" is an agreement by the parties to
submit to arbitration all or certain disputes that have arisen or
that may arise between them in respect of a defined legal
relationship, whether contractual or not. An arbitration agreement
may be in the form of an arbitration clause in a contract or in the
form of a separate agreement.
(b) The arbitration agreement shall be in writing. An
agreement is in writing if it is contained in a document signed by
the parties or in an exchange of letters, telex, telegrams, or other
means of telecommunication that provides a record of the
agreement or in an exchange of statements of claim and defense in
which the existence of an agreement is alleged by one party and not
denied by another. The reference in a contract to a document
containing an arbitration clause constitutes an arbitration
agreement, provided that the contract is in writing and the
reference is such as to make that clause part of the contract.
(Source: P.A. 90-631, eff. 7-24-98.)
(710 ILCS 30/5-10)
Sec. 5-10.
Arbitration agreement and substantive claim before
court.
(a) A court before which an action is brought in a matter
that is the subject of an arbitration agreement shall, if a party
so requests not later than when submitting his or her first statement on
the substance of the dispute, refer the parties to arbitration
unless it finds that the agreement is null and void, inoperative, or
incapable of being performed.
(b) When an action referred to in subsection (a) of this Section has
been brought, arbitral proceedings may
nevertheless be commenced or continued, and an award may be made,
while the issue is pending before the court.
(Source: P.A. 90-631, eff. 7-24-98.)
(710 ILCS 30/5-15)
Sec. 5-15.
Arbitration agreement and interim measures by court.
It is not incompatible with an arbitration agreement for a
party to request, before or during arbitral proceedings, from a
court an interim measure of protection and for a court to grant
the measure.
(Source: P.A. 90-631, eff. 7-24-98.)
Structure Illinois Compiled Statutes
Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION
710 ILCS 30/ - International Commercial Arbitration Act.
Article 1 - General Provisions
Article 5 - Arbitration Agreement
Article 10 - Composition Of Arbitral Tribunal
Article 15 - Jurisdiction Of Arbitral Tribunal
Article 20 - Conduct Of Arbitral Proceedings