Illinois Arbitration Agreement

State:
Multi-State
Control #:
US-00416-1
Format:
Word; 
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Description

This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.

An Illinois Arbitration Agreement refers to a legal contract between two or more parties located in the state of Illinois, where they agree to resolve any disputes or conflicts through arbitration rather than through traditional court litigation. This agreement is governed by the laws of Illinois and aims to provide a cost-effective, efficient, and confidential alternative dispute resolution process. Arbitration is a form of dispute resolution where an impartial third party, known as an arbitrator or a panel of arbitrators, is appointed to hear and decide upon the disputes. It is a relatively informal process compared to court proceedings, providing a more streamlined and flexible approach. There are different types of arbitration agreements within the Illinois legal framework. One common type is a predisposed arbitration agreement, which is often included in various contracts such as employment agreements, commercial contracts, consumer contracts, and even medical forms. This agreement states that any disputes arising between the parties will be resolved exclusively through arbitration. Another type is a post-dispute arbitration agreement, which is entered into after a dispute has arisen. In this scenario, the parties voluntarily agree to submit their existing dispute to arbitration rather than pursue litigation. Illinois recognizes both binding and non-binding arbitration agreements. In a binding agreement, the parties commit to abide by the decision of the arbitrator, which is enforceable in court. On the other hand, a non-binding agreement allows the parties to seek resolution through arbitration but leaves them with the option to pursue litigation if they are unsatisfied with the arbitrator's decision. It is important to note that Illinois has its own specific laws and rules regulating arbitration agreements, such as the Illinois Uniform Arbitration Act. These laws provide guidance on issues like the enforcement of arbitration agreements, the selection of arbitrators, and the process and requirements for conducting an arbitration proceeding. Overall, an Illinois Arbitration Agreement offers parties an alternative means of settling disputes outside the traditional court system. It provides flexibility, confidentiality, and can be a more efficient and cost-effective way of resolving conflicts.

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FAQ

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney's fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. (Source: Laws 1961, p. 3844.)

Under Section 31, unless otherwise agreed by the parties, the cost of an Arbitrator shall be fixed by the Arbitral Tribunal.

Arbitration is a form of alternative dispute resolution whereby parties to a dispute agree to submit their respective positions and evidence to a neutral third-party arbitrator (or panel of arbitrators) who then considers the evidence and makes a binding decision resolving the parties' dispute.

In most cases, the parties to an arbitration divide the cost of the arbitrator's fees and expenses evenly that is, each pays half.

In Illinois, court-annexed arbitration is a mandatory, non-binding, non-court procedure designed to resolve civil disputes by utilizing a neutral third party, called an arbitration panel.

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney's fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. (Source: Laws 1961, p. 3844.)

This law provides that arbitration agreements are generally valid and enforceable. The major exception to this provision is that the arbitration agreement is not enforceable if it violates the general law of contracts - which applies to all contracts under the law of the state that governs the agreement.

For two-party matters, the Filing Fee is $1,750. For matters involving three or more parties, the filing fee is $3,000. The entire Filing Fee must be paid in full to expedite the commencement of the proceedings.

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Illinois Arbitration Agreement