Illinois § 5-10 Arbitration agreement and substantive claim before court

Illinois Statutes

§ 5-10 — Arbitration agreement and substantive claim before court

Illinois § 5-10

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 710ALTERNATIVE DISPUTE RESOLUTION

Act 710 ILCS 30/International Commercial Arbitration Act.

Art.Article 5 - Arbitration Agreement

This text of Illinois § 5-10 (Arbitration agreement and substantive claim before court) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

710 Ill. Comp. Stat. 5-10 (2026).

Text

(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.

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(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.