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33 Illinois opinions name it 2 courts 1984–2026 10 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jensen v. Quik Internationalgreen2 sentences2023On appeal, this court found that “the trial court’s inquiry [was] limited to ‘certain gateway matters,’ such as whether the parties [had] a valid arbitration clause, and if so, whether the issues in dispute [fell] within the scope of 7 the arbitration clause.” Id. ¶ 42 (citing Buckeye Check Cashing, Inc., 546 U.S. at 444-46 , and Jensen v. Quik International, 213 Ill. 2d 119, 123-24 (2004)). 2023The court further noted that “challenges to the validity of the contract as a whole, rather than the arbitration clause within the contract, [were] matters to be considered by the arbitrator in the first instance.” Id. (citing Buckeye Check Cashing, Inc., 546 U.S. at 445-46 , and Bess v. DirecTV, Inc., 381 Ill. | 3 | 3 |
Board of Managers of the Courtyards at the Woodlands Condominium Ass'n v. Iko Chicago, Inc.green2 sentences2025App. 3d 967, 975 (1992). “[O]nce a contract containing a valid arbitration clause has been executed, the parties are irrevocably committed to arbitrate all disputes arising under the agreement.” Board of Managers of the Courtyards at the Woodlands Condominium Ass’n v. IKO Chicago, Inc., 183 Ill. 2d 66, 74 (1998). 2022App. 3d 1095, 1099 (2009). ¶ 22 Under the Federal Arbitration Act (“FAA”), a “written provision in *** a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction *** shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2 ; see Board of Managers of Courtyards at Woodlands Condominium Ass’n v. IKO Chicago, Inc., 183 Ill. 2d 66, 74 (1998) (“once a contract containing a valid arbitration clause has been executed, the | 2 | 7 |
Buckeye Check Cashing, Inc. v. Cardegnagreen2 sentences2023On appeal, this court found that “the trial court’s inquiry [was] limited to ‘certain gateway matters,’ such as whether the parties [had] a valid arbitration clause, and if so, whether the issues in dispute [fell] within the scope of 7 the arbitration clause.” Id. ¶ 42 (citing Buckeye Check Cashing, Inc., 546 U.S. at 444-46 , and Jensen v. Quik International, 213 Ill. 2d 119, 123-24 (2004)). 2023The court further noted that “challenges to the validity of the contract as a whole, rather than the arbitration clause within the contract, [were] matters to be considered by the arbitrator in the first instance.” Id. (citing Buckeye Check Cashing, Inc., 546 U.S. at 445-46 , and Bess v. DirecTV, Inc., 381 Ill. | 2 | 3 |
UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc.green2 sentences2015Petitioner cites a string of federal cases under the Federal Arbitration Act ( 9 U.S.C. § 1 et seq. (2012)) holding that “disputes over the interpretation of forum selection clauses in arbitration agreements” are - 13 - 2015 IL App (2d) 131190 procedural questions for the arbitrator to decide (UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc., 660 F.3d 643, 655 (2d Cir. 2011) (citing cases)). ¶ 34 These decisions do not apply here. 2015Petitioner cites a string of federal cases under the Federal Arbitration Act ( 9 U.S.C. § 1 et seq. (2012)) holding that “disputes over the interpretation of forum selection clauses in arbitration agreements” are procedural questions for the arbitrator to decide (UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc., 660 F.3d 643, 655 (2d Cir. 2011) (citing cases)). -8- ¶ 34 These decisions do not apply here. | 2 | 2 |
TDE LTD. v. Israelgreen2 sentences2009The defendants correctly argue that Illinois law favors the enforcement of agreements to arbitrate disputes (Donaldson, Lufkin & Jenrette Futures, Inc. v. Barr, 124 Ill. 2d 435, 443 (1988)) and that “[p]arties who execute a contract containing a valid arbitration clause are irrevocably committed to arbitrate all disputes clearly arising under the agreement.” TDE Ltd. v. Israel, 185 Ill. 1993“Parties who execute a contract containing a valid arbitration clause are irrevocably committed to arbitrate all disputes clearly arising under the agreement.” TDE Ltd. v. Israel (1989), 185 Ill. | 1 | 4 |
Donaldson, Lufkin & Jenrette Futures, Inc. v. Barrgreen2 sentences2009The defendants correctly argue that Illinois law favors the enforcement of agreements to arbitrate disputes (Donaldson, Lufkin & Jenrette Futures, Inc. v. Barr, 124 Ill. 2d 435, 443 (1988)) and that “[p]arties who execute a contract containing a valid arbitration clause are irrevocably committed to arbitrate all disputes clearly arising under the agreement.” TDE Ltd. v. Israel, 185 Ill. 1989(Donaldson, Lufkin & Jenrette Futures, Inc. v. Barr (1988), 124 Ill. 2d 435, 445 , 530 N.E.2d 439 ; First Condominium Development Co. v. Apex Construction & Engineering Corp. (1984), 126 Ill. | 1 | 2 |
Equistar Chemicals v. Hartford Steam Boiler Inspection & Insurance Co. of Connecticutgreen1 sentence2026App. 3d at 559 ). ¶ 31 When a party seeks to stay arbitration, “the Uniform Arbitration Act initially confers jurisdiction on the courts to determine whether the parties have agreed to arbitrate a dispute.” Equistar Chemicals, LP v. Hartford Steam Boiler Inspection & Insurance Co. of Connecticut, 379 Ill. | 1 | 1 |
United Cable Television Corp. v. Northwest Illinois Cable Corp.green1 sentence2025“Before an issue can properly be referred to an arbitrator, therefore, the particular dispute must be of the type that the parties have agreed should be submitted to arbitration.” United Cable Television Corp. v. Northwest Illinois Cable Corp., 128 Ill. 2d 301, 306 (1989). ¶ 31 Arbitration is favored in Illinois courts, and, generally, “the parties to an agreement are bound to arbitrate only the issues which they have agreed to arbitrate, as shown by the clear language of the agreement and their intentions expressed in the language of the agreement.” Amalgamated Transit Union, Local 241 v. Chi | 1 | 1 |
Bess v. DirecTV, Inc.green1 sentence2023The court further noted that “challenges to the validity of the contract as a whole, rather than the arbitration clause within the contract, [were] matters to be considered by the arbitrator in the first instance.” Id. (citing Buckeye Check Cashing, Inc., 546 U.S. at 445-46 , and Bess v. DirecTV, Inc., 381 Ill. | 1 | 1 |
Tortoriello v. Gerald Nissan of North Aurora, Inc.green1 sentence2022However, “there is no arbitration without a valid contract to arbitrate.” (Internal quotation marks omitted.) Tortoriello v. Gerald Nissan of North Aurora, Inc., 379 Ill. | 1 | 1 |
All American Roofing, Inc. v. Zurich American Insurancegreen1 sentence2022See All-American Roofing, Inc. v. Zurich American Insurance Co., 404 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
First Condominium Development Co. v. Apex Construction & Engineering Corp.
green
2 sentences1998First Condominium, 126 Ill.App.3d at 846 , 81 Ill.Dec. 810 , 467 N.E.2d 932 . 1998First Condominium, 126 Ill. | 5 | 1987–1998 |
Johnson v. Baumgardt
green
2 sentences2026Once a contract containing a valid arbitration clause has been executed, the parties are “ ‘irrevocably committed to arbitrate all disputes arising under the contract.’ ” Id. (quoting Johnson, 216 Ill. 2026Once a contract containing a valid arbitration clause has been executed, the parties are “ ‘irrevocably committed to arbitrate all disputes arising under the contract.’ ” Id. (quoting Johnson, 216 Ill. | 3 | 1992–2026 |
Hartz v. Brehm Preparatory School, Inc.
green
2 sentences2024Hartz v. Brehm Preparatory School, Inc., 2021 IL App (5th) 190327, ¶ 42 . ¶ 17 Under Illinois law, when determining whether the parties agreed to arbitrate the dispute, the circuit court is to use a three-pronged approach: “(i) if it is clear that the dispute falls within the scope of the arbitration clause or agreement, the court must compel arbitration, (ii) if it is clear that the dispute does not fall within the arbitration clause or agreement, the court must deny the motion to compel, and (iii) if it is unclear or ambiguous whether the dispute falls within the scope of the arbitration cla 2023Hartz v. Brehm Preparatory School, Inc., 2021 IL App (5th) 190327 , ¶ 42. ¶ 23 Illinois considers arbitration to be a favored method of dispute resolution. | 2 | 2023–2024 |
Siena at Old Orchard Condominium Ass'n v. Siena at Old Orchard, L.L.C.
green
2 sentences2021Further, Brehm filed a supporting memorandum of law that argued that the plaintiffs’ complaint should be dismissed based on the fact that the Brehm contract contained a valid and enforceable arbitration provision. 9 ¶ 27 While failure to request the court to compel arbitration is not simply a matter of “form over function,” as argued by Brehm, and it would have been proper practice to file a motion to compel arbitration; “[a]n order denying a motion to dismiss a complaint on the basis of an arbitration clause has been found to be an order denying an injunction for purposes of Rule 307.” Siena 2021Further, Brehm filed a supporting memorandum of law that argued that the plaintiffs’ complaint should be dismissed based on the fact that the Brehm contract contained a valid and enforceable arbitration provision. ¶ 27 While failure to request the court to compel arbitration is not simply a matter of “form over function,” as argued by Brehm, and it would have been proper practice to file a motion to compel arbitration; “[a]n order denying a motion to dismiss a complaint on the basis of an arbitration clause has been found to be an order denying an injunction for purposes of Rule 307.” Siena at | 2 | 2021–2021 |
Flynn v. Labor Ready, Inc.
neutral
2 sentences2005Sup. 2002), found as follows: "The fact that a class action lawsuit, as plaintiffs contemplate, may be a less costly alternative to arbitration (which is generally less costly than litigation) does not alter the binding effect of the valid arbitration clause contained in the Application for Employment (see Brower v. Gateway 2000 [ , Inc. ], 246 A.D.2d 246, 253 , 676 N.Y.S.2d 569 [(1998)])." Flynn , 193 Misc. 2d at 723 , 751 N.Y.S.2d at 724 . 2005Sup. 2002), found as follows: "The fact that a class action lawsuit, as plaintiffs contemplate, may be a less costly alternative to arbitration (which is generally less costly than litigation) does not alter the binding effect of the valid arbitration clause contained in the Application for Employment (see Brower v. Gateway 2000 [ , Inc. ], 246 A.D.2d 246, 253 , 676 N.Y.S.2d 569 [(1998)])." Flynn , 193 Misc. 2d at 723 , 751 N.Y.S.2d at 724 . | 2 | 2005–2005 |
Brower v. Gateway 2000, Inc.
green
2 sentences2005Sup. 2002), found as follows: "The fact that a class action lawsuit, as plaintiffs contemplate, may be a less costly alternative to arbitration (which is generally less costly than litigation) does not alter the binding effect of the valid arbitration clause contained in the Application for Employment (see Brower v. Gateway 2000 [ , Inc. ], 246 A.D.2d 246, 253 , 676 N.Y.S.2d 569 [(1998)])." Flynn , 193 Misc. 2d at 723 , 751 N.Y.S.2d at 724 . 2005Sup. 2002), found as follows: "The fact that a class action lawsuit, as plaintiffs contemplate, may be a less costly alternative to arbitration (which is generally less costly than litigation) does not alter the binding effect of the valid arbitration clause contained in the Application for Employment (see Brower v. Gateway 2000 [ , Inc. ], 246 A.D.2d 246, 253 , 676 N.Y.S.2d 569 [(1998)])." Flynn , 193 Misc. 2d at 723 , 751 N.Y.S.2d at 724 . | 2 | 2005–2005 |
Anderson v. Safeway Ins. Co.
green
2 sentences2002App. 3d 597 , 295 N.E.2d 117 (1973) (holding that where an insurance policy contained a valid arbitration clause and the insurer was estopped from denying coverage, the court properly appointed an arbitrator to arbitrate the claim). 2002Co., 10 Ill.App.3d 597 , 295 N.E.2d 117 (1973) (holding that where an insurance policy contained a valid arbitration clause and the insurer was estopped from denying coverage, the court properly appointed an arbitrator to arbitrate the claim). | 2 | 2002–2002 |
Amalgamated Transit Union, Local 241 v. Chicago Transit Authority
neutral
1 sentence2025“Before an issue can properly be referred to an arbitrator, therefore, the particular dispute must be of the type that the parties have agreed should be submitted to arbitration.” United Cable Television Corp. v. Northwest Illinois Cable Corp., 128 Ill. 2d 301, 306 (1989). ¶ 31 Arbitration is favored in Illinois courts, and, generally, “the parties to an agreement are bound to arbitrate only the issues which they have agreed to arbitrate, as shown by the clear language of the agreement and their intentions expressed in the language of the agreement.” Amalgamated Transit Union, Local 241 v. Chi | 1 | 2025–2025 |
Liu v. Four Seasons Hotel, Ltd.
green
1 sentence2024Hartz v. Brehm Preparatory School, Inc., 2021 IL App (5th) 190327, ¶ 42 . ¶ 17 Under Illinois law, when determining whether the parties agreed to arbitrate the dispute, the circuit court is to use a three-pronged approach: “(i) if it is clear that the dispute falls within the scope of the arbitration clause or agreement, the court must compel arbitration, (ii) if it is clear that the dispute does not fall within the arbitration clause or agreement, the court must deny the motion to compel, and (iii) if it is unclear or ambiguous whether the dispute falls within the scope of the arbitration cla | 1 | 2024–2024 |
GPS USA, Inc. v. Performance Powdercoating
green
1 sentence2015Petitioner cites a string of federal cases under the Federal Arbitration Act ( 9 U.S.C. § 1 et seq. (2012)) holding that “disputes over the interpretation of forum selection clauses in arbitration agreements” are - 13 - 2015 IL App (2d) 131190 procedural questions for the arbitrator to decide (UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc., 660 F.3d 643, 655 (2d Cir. 2011) (citing cases)). ¶ 34 These decisions do not apply here. | 1 | 2015–2015 |
Uehlein v. Shwachman
green
2 sentences1990Uehlein v. Shwachman (1987), 156 Ill.App.3d 274, 277 , 108 Ill.Dec. 797, 799 , 509 N.E.2d 493, 495 . 1990Uehlein v. Shwachman (1987), 156 Ill. | 1 | 1990–1990 |
Brennan v. Kenwick
green
1 sentence1987App. 3d 1040 , 425 N.E.2d 439 .) Once a contract containing a valid arbitration clause has been executed, the parties are irrevocably committed to arbitrating all disputes arising under the agreement. | 1 | 1987–1987 |
School District No. 46 v. Del Bianco
green
1 sentence1984School District No. 46 v. Del Bianco (1966), 68 Ill. | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.