HB5888 Enrolled LRB096 18807 AJO 35755 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Uniform Arbitration Act is amended by
5 changing Section 8 as follows:
 
6     (710 ILCS 5/8)  (from Ch. 10, par. 108)
7     Sec. 8. Award.
8     (a) The award shall be in writing and signed by the
9 arbitrators joining in the award. The arbitrators shall deliver
10 a copy to each party personally or by registered mail, or as
11 provided in the agreement.
12     (b) An award shall be made within the time fixed therefor
13 by the agreement or, if not so fixed, within such time as the
14 court orders on application of a party. The parties may extend
15 the time in writing either before or after the expiration
16 thereof. A party waives the objection that an award was not
17 made within the time required unless he notifies the
18 arbitrators of his objection prior to the delivery of the award
19 to him.
20     (c) Rules applicable to substance of dispute.
21         (i) The arbitrators shall decide the dispute in
22     accordance with any rules of law that are chosen by the
23     parties as applicable to the substance of the dispute. Any

 

 

HB5888 Enrolled - 2 - LRB096 18807 AJO 35755 b

1     designation of the law or legal system of a given
2     jurisdiction shall be construed, unless otherwise
3     expressed, as directly referring to the substantive law of
4     that jurisdiction and not to its conflict of law rules.
5         (ii) If the parties do not make a designation described
6     in subsection (i) of this Section, the arbitrators shall
7     apply the law as determined by the conflict of laws rules
8     that they consider applicable.
9         (iii) In all cases, the arbitrators shall decide in
10     accordance with the terms of the contract and shall take
11     into account the usages of the trade applicable to the
12     transaction.
13         (iv) Nothing in this subsection (c) shall apply to an
14     arbitration which is part of or pursuant to a collective
15     bargaining agreement.
16 (Source: Laws 1961, p. 3844.)