Article 20 - Conduct Of Arbitral Proceedings - Illinois Statutes

      (710 ILCS 30/Art. 20 heading)ARTICLE 20. CONDUCT OF ARBITRAL PROCEEDINGS

(710 ILCS 30/20‑5)     Sec. 20‑5. Equal treatment of parties. The parties shall be treated with equality, and each party shall be given a full opportunity of presenting his or her case. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑10)     Sec. 20‑10. Determination of rules of procedure.     (a) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.     (b) If the parties do not reach an agreement, the arbitral tribunal may, subject to the provisions of this Act, conduct the arbitration in a manner that it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality, and weight of any evidence. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑15)     Sec. 20‑15. Place of arbitration.     (a) The parties are free to agree on the place of arbitration. If the parties do not reach an agreement, the place of arbitration shall be determined by the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties.     (b) Notwithstanding the provisions of subsection (a) of this Section, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property, or documents. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑20)     Sec. 20‑20. Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑25)     Sec. 20‑25. Language.     (a) The parties are free to agree on the language or languages to be used in the arbitral proceedings. If the parties do not reach an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitral tribunal.     (b) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑30)     Sec. 20‑30. Statements of claim and defense.     (a) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of the statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.     (b) Unless otherwise agreed by the parties, either party may amend or supplement its claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment, having regard to the delay in making it. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑35)     Sec. 20‑35. Hearings and written proceedings.     (a) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral arguments or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold the hearings at an appropriate stage of the proceedings, if so requested by a party.     (b) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property, or documents.     (c) All statements, documents, or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also, any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑40)     Sec. 20‑40. Default of a party. Unless otherwise agreed by the parties:     (a) If, without showing sufficient cause, the claimant fails to communicate its statement of claim in accordance with subsection (a) of Section 20‑30 of this Act the arbitral tribunal shall terminate the proceedings.     (b) If, without showing sufficient cause, the respondent fails to communicate its statement of defense in accordance with subsection (a) of Section 20‑30 of this Act the arbitral tribunal shall continue the proceedings without treating the failure in itself as an admission of the claimant's allegations.     (c) If, without showing sufficient cause, any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑45)     Sec. 20‑45. Expert appointed by arbitral tribunal. Unless objected to by one or both parties:     (a) The arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal.     (b) The arbitral tribunal may require a party to give the expert any relevant information or to produce or provide access to any relevant documents, goods, or other property for the expert's inspection.     (c) If a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and to present expert witnesses in order to testify on the points at issue. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑50)     Sec. 20‑50. Witnesses, subpoenas, depositions.     (a) The arbitral tribunal may issue subpoenas to parties or third parties for the attendance of witnesses and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. The production will be for the purpose of presenting evidence at the arbitration hearing and will not include pre‑trial discovery as known in common law countries. Subpoenas so issued shall be served and, upon application to the court by a party or the arbitral tribunal, enforced, in the manner provided by law for the service and enforcement of subpoenas in civil cases.     (b) All provisions of law compelling a person under subpoena to testify are applicable.     (c) On application of a party and for use as evidence, the arbitral tribunal may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.     (d) No other discovery shall be permitted unless otherwise agreed by the parties. (Source: P.A. 90‑631, eff. 7‑24‑98.)

(710 ILCS 30/20‑55)     Sec. 20‑55. Court assistance in taking evidence. The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence. (Source: P.A. 90‑631, eff. 7‑24‑98.)