scope of an arbitration clause (Illinois) · Go Syfert
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scope of an arbitration clause in Illinois

20 Illinois opinions name it 1 courts 1978–2025 4 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.

Followed or applied (3)

CaseFollowedCited
Keeley & Sons, Inc. v. Zurich American Insurancegreen
illappct · 2011 · cited in 4 Illinois opinions naming this issue, 2017–2025
2 sentences

2025Keeley & Sons, Inc. v. Zurich American Insurance Co., 409 Ill.

2021Keeley & Sons, Inc. v. Zurich American Insurance Co., 409 Ill.

44
Flood v. Country Mutual Insurancegreen
ill · 1968 · cited in 4 Illinois opinions naming this issue, 1978–1988
2 sentences

1988(Flood v. Country Mutual Insurance Co. (1968), 41 Ill. 2d 91 , 242 N.E.2d 149 .) And, whether a dispute is within the scope of an arbitration clause should be determined at the earliest possible moment and such determination is controlled by judicial guidelines.

1988(Flood v. Country Mutual Insurance Co. (1968), 41 Ill. 2d 91 , 242 N.E.2d 149 .) And, whether a dispute is within the scope of an arbitration clause should be determined at the earliest possible moment and such determination is controlled by judicial guidelines.

14
Harrison F. Blades, Inc. v. Jarman Memorial Hospital Building Fund, Inc.green
illappct · 1969 · cited in 3 Illinois opinions naming this issue, 1978–1983
2 sentences

1980App. 2d 224 , 248 N.E.2d 289 .) The issue of whether a dispute is within the scope of an arbitration clause should be determined early and be controlled by judicial guidelines (Farris v. Hedgepeth (1978), 58 Ill.

1978Stat. 1975, ch. 10, par. 102(a)) provides: “(a) On application of a party showing an [arbitration] agreement * * *, and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.” The issue of whether a dispute is or is not within the scope of an arbitration clause, “should be determined at th

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Farris v. Hedgepeth green
illappct · 1978
2 sentences

1983Whether a dispute is within the scope of an arbitration clause “ ‘should be determined at the earliest possible moment and should be controlled by judicial guidelines.’ ” (Farris v. Hedgepeth (1978), 58 Ill.

1980App. 2d 224 , 248 N.E.2d 289 .) The issue of whether a dispute is within the scope of an arbitration clause should be determined early and be controlled by judicial guidelines (Farris v. Hedgepeth (1978), 58 Ill.

71980–1999
Fiala v. Bickford Senior Living Group, LLC green
illappct · 2015
2 sentences

2025We therefore reject petitioner’s argument that Omnicare of Northern Illinois cannot compel arbitration because it was not itself an original signatory of the PSAs. ¶ 16 It is also undisputed that the PSAs all contain an arbitration agreement providing that: “Any dispute or controversy arising under, out of or in connection with, or in relation to this Agreement, or any amendment hereof, or the breach thereof will be determined and settled by arbitration in Cook County, Illinois.” The principles for interpreting the scope of an arbitration clause were explained in Fiala v. Bickford Senior Livin

2017Id. at 443-50 . ¶ 27 The principles for interpreting the scope of an arbitration clause were recently explained in Fiala v. Bickford Senior Living Group, LLC, 2015 IL App (2d) 141160 : “It is a fundamental tenet of Illinois law that the parties are bound to arbitrate only those issues they have clearly agreed to arbitrate.

32017–2025
Comdisco, Inc. v. Dun & Bradstreet Corp. green
illappct · 1996
2 sentences

2003The issue of whether a dispute is or is not within the scope of an arbitration clause should be determined at the earliest possible moment.” Comdisco, 285 Ill.

2003The issue of whether a dispute is or is not within the scope of an arbitration clause should be determined at the earliest possible moment." Comdisco , 285 Ill.

31999–2003
Zobrist v. Verizon Wireless green
illappct · 2004
2 sentences

2005Zobrist , 354 Ill.

2005Zobrist, 354 Ill.

22005–2005
Donaldson, Lufkin & Jenrette Futures, Inc. v. Barr green
ill · 1988
1 sentence

2017Id. at 443-50 . ¶ 27 The principles for interpreting the scope of an arbitration clause were recently explained in Fiala v. Bickford Senior Living Group, LLC, 2015 IL App (2d) 141160 : “It is a fundamental tenet of Illinois law that the parties are bound to arbitrate only those issues they have clearly agreed to arbitrate.

12017–2017
Atkins v. Rustic Woods Partners green
illappct · 1988
1 sentence

1995(Atkins v. Rustic Woods Partners (1988), 171 Ill.

11995–1995
Francis v. Marshall green
mad · 1987
2 sentences

1989The court noted the Federal policy concerning arbitration required that doubts regarding the scope of an arbitration clause must be resolved in favor of arbitration; it further noted that Federal legislation has granted broad authority for self-regulation to organizations in the security industry which “strengthens the presumption that disputes among their members are arbitrable.” (See Francis, 661 F. Supp. at 775 .) The court held that the broad NASD arbitration clause encompassed a dispute concerning the purchase and sale as a corporate entity of an NASD member. ( 661 F. Supp. at 775 .) In p

1989The court noted the Federal policy concerning arbitration required that doubts regarding the scope of an arbitration clause must be resolved in favor of arbitration; it further noted that Federal legislation has granted broad authority for self-regulation to organizations in the security industry which “strengthens the presumption that disputes among their members are arbitrable.” (See Francis, 661 F. Supp. at 775 .) The court held that the broad NASD arbitration clause encompassed a dispute concerning the purchase and sale as a corporate entity of an NASD member. ( 661 F. Supp. at 775 .) In p

11989–1989
Borg, Inc. v. Morris Middle School District No. 54 green
illappct · 1972
1 sentence

1980App. 3d 1040,1043 , 374 N.E.2d 1086,1088 ; In re Arbitration (1972), 3 Ill.

11980–1980

Statutes the citing opinions construe

IL § 710 ILCS 5/2 (9) IL § 710 ILCS 5/1 (4) USC § 9u.s.c.1 (4) USC § 9u.s.c.2 (4) IL § 735 ILCS 5/2-619 (3) USC § 9u.s.c.3 (3)

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.

Where else courts name it

TX 74 (1992–2026) CA 29 (1985–2025) OH 25 (1990–2025) IL 20 (1978–2025) FL 18 (1993–2026) PA 12 (1991–2025) LA 11 (2005–2017) NC 10 (1998–2025) MD 10 (1994–2019) CO 9 (1993–2017) AL 8 (1995–2013) NY 6 (1972–2020) VA 5 (1995–2011) NJ 5 (2004–2025) SC 5 (2001–2016) ID 4 (2003–2026) WA 4 (1977–2024) UT 3 (1986–2021) OR 3 (2007–2022) NH 3 (1970–2018) MN 3 (1989–2002) MT 2 (2009–2009) MI 2 (1983–2016) MS 2 (2004–2005)

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.

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