(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.)
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