Illinois Judgment On arbitration award Or Trial Setting after Rejection is a legal procedure that is utilized when a party in Illinois rejects an arbitration award or trial setting. This process is governed by the Illinois Supreme Court Rules for Arbitration, and it requires the party that is rejecting the award or trial setting to file a motion to set aside the award or trial setting. If the motion is granted, the court then enters a judgment on the award or trial setting and the opposing party is given the opportunity to schedule a hearing to challenge the decision. The types of judgments that can be entered in this process are: Vacating the Award, Modifying the Award, Affirming the Award, or Dismissing the Award. Depending on the circumstances, the court may also enter an order for costs, attorneys' fees, or damages.
Illinois Judgment On arbitration award Or Trial Setting after Rejection
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FAQ
If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
Illinois Supreme Court Rule 93 allows a party to reject an arbitration award if the rejection is filed within 30 days of the arbitration hearing and if the party pays a $200 fee to the Clerk of the Circuit Court.
If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.
The arbitrator's final decision on the case is called the ?award.? This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
No discovery shall be permitted after the hearing, except upon leave of court and good cause shown.
The grounds for attacking an arbitration award under common law are listed; they include fraud, misconduct, and gross unfairness by the arbitrator. Attention focuses on the most recent Supreme Court decision on the review of arbitration awards, W.R. Grace & Co. v.
Rule 91 - Absence of Party at Hearing (a)Failure to be Present at Hearing. The arbitration hearing shall proceed in the absence of any party who, after due notice, fails to be present. The panel shall require the other party or parties to submit such evidence as the panel may require for the making of an award.
Mandatory arbitration applies rules of evidence and procedure which are less formal than those followed in trial courts and usually leads to more timely and less expensive resolution of disputes. An arbitration panel can recommend, but not impose, a decision.