General Provisions

  1. Law
  2. Illinois Compiled Statutes
  3. ALTERNATIVE DISPUTE RESOLUTION
  4. International Commercial Arbitration Act.
  5. General Provisions

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(710 ILCS 30/Art. 1 heading)

ARTICLE 1. GENERAL PROVISIONS

 

(710 ILCS 30/1-1)

Sec. 1-1. Short title. This Act may be cited as the International Commercial Arbitration Act.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-5)

Sec. 1-5. Scope of application.

(a) This Act applies to international commercial arbitration, subject to any agreement in force between the United States and any other country or countries.

(b) The provisions of this Act, except Sections 5-10 and 5-15, apply only if the place of arbitration is in the State of Illinois.

(c) An arbitration is international if:

  • (1) the parties to an arbitration agreement have, at the time of the conclusion of execution of that agreement, their places of business in different countries; or
  • (2) one of the following places is situated outside the country or countries in which the parties have their places of business: (i) the place of arbitration if determined in, or pursuant to, the arbitration agreement or (ii) the place where the predominant part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
  • (3) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.

(d) For the purposes of subsection (c) of this Section:

  • (1) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement.
  • (2) If a party does not have a place of business, reference is to be made to his or her habitual residence.

(e) This Act shall not affect any other law in force in the State of Illinois by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Act.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-10)

Sec. 1-10. Definitions and rules of interpretation. For the purposes of this Act:

(a) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution.

(b) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.

(c) "Court" means a court of competent jurisdiction of a country or state.

(d) Where a provision of this Act, except Section 25-5, leaves the parties free to determine a certain issue, the freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.

(e) Where a provision of this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, the agreement includes any arbitration rules referred to in that agreement.

(f) Where a provision of this Act, other than in subsection (a) of Section 20-40 and subsection (a) of Section 25-25, refers to a claim, it also applies to a counter claim, and where it refers to a defense, it also applies to a defense to the counter claim.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-15)

Sec. 1-15. Receipt of written communications.

(a) Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally, or if it is delivered at his or her place of business, habitual residence, or mailing address. If none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence, or mailing address by registered letter or any other means that provides a record of the attempt to deliver it.

(b) Unless otherwise agreed by the parties, the communication is deemed to have been received on the day it is so delivered.

(c) The provisions of this Section do not apply to communications in court proceedings.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-20)

Sec. 1-20. Waiver of right to object. If a party knows that any provision of this Act from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating its objection to the non-compliance without undue delay, or, if a time limit is provided, within that period of time, that party shall be deemed to have waived his or her right to object.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-25)

Sec. 1-25. Extent of court intervention. In matters governed by this Act, no court shall intervene except where so provided in this Act or applicable federal law.

(Source: P.A. 90-631, eff. 7-24-98.)

 

(710 ILCS 30/1-30)

Sec. 1-30. Functions of a court. The functions referred to in subsections (c), (d), and (e) of Section 10-10, subsection (c) of Section 10-20, Section 10-25, subsection (c) of Section 15-5, Section 20-50, and Section 20-55 of this Act shall be performed by the Illinois circuit court of the county in which the place of arbitration is located.

(Source: P.A. 90-631, eff. 7-24-98.)


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