ambit of the arbitration clause (Illinois) · Go Syfert
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ambit of the arbitration clause in Illinois

15 Illinois opinions name it 2 courts 1988–2026 1 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 (2)

CaseFollowedCited
Donaldson, Lufkin & Jenrette Futures, Inc. v. Barrgreen
ill · 1988 · cited in 14 Illinois opinions naming this issue, 1992–2026
2 sentences

2026Second, “if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate.” Id.

2010The appellate court affirmed, applying the law set forth by our supreme court in Donaldson, 124 Ill. 2d at 445 (“if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate”).

214
Layne-Minnesota Co. v. Regents of the University of Minnesotagreen
minn · 1963 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Third, where the parties disagree as to arbitrability and “ ‘the question of the parties’ intention as to such scope is reasonably debatable,’ ” “ ‘the rule [is that] the issue of arbitrability be initially determined by the arbitrators.’ ” (Emphasis omitted.) Id. at 447 (quoting Layne-Minnesota Co. v. Regents of the University of Minnesota, 123 N.W.2d 371, 376-77 (Minn. 1963)). ¶ 17 It is not unlike the completion of a fourth-down play in football.

11

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 (6)

CaseCitedYears
Johnson v. Noble green
illappct · 1992
2 sentences

2010The appellate court held that the breach of contract and breach of fiduciary duty claims were not within the ambit of the arbitration clause because “[t]he arbitration clause arose in a contract entered into between the same parties subsequent to the oral agreement and independent of it.” Johnson, 240 Ill.

2010The appellate court held that the breach of contract and breach of fiduciary duty claims were not within the ambit of the arbitration clause because “[t]he arbitration clause arose in a contract entered into between the same parties subsequent to the oral agreement and independent of it.” Johnson, 240 Ill.

22010–2010
Board of Trustees of Junior College District No. 508 v. Cook County College Teachers Union, Local 1600 green
ill · 1976
2 sentences

1993(Board of Trustees of Junior College District No. 508 v. Cook County College Teachers Union, Local 1600 (1976), 62 Ill. 2d 470 , 343 N.E.2d 473 .) Under section 2 of the Uniform Arbitration Act, the court should decide the arbitrability issue in cases where it is clear that the issue is within the scope of the arbitration agreement, and also when it is apparent that it is not within the ambit of the arbitration clause.

1993(Board of Trustees of Junior College District No. 508 v. Cook County College Teachers Union, Local 1600 (1976), 62 Ill. 2d 470 , 343 N.E.2d 473 .) Under section 2 of the Uniform Arbitration Act, the court should decide the arbitrability issue in cases where it is clear that the issue is within the scope of the arbitration agreement, and also when it is apparent that it is not within the ambit of the arbitration clause.

11993–1993
At&T Technologies, Inc. v. Communications Workers green
scotus · 1986
2 sentences

1992Ed. 2d 648, 655 , 106 S. Ct. 1415, 1418 .) It is apparent here that the issue sought to be arbitrated in counts I and II is not within the ambit of the arbitration clause, and the trial court was correct in its ruling.

1992(A T & T Technologies, Inc. v. Communications Workers of America (1986), 475 U.S. 643, 648 , 89 L.

11992–1992
Roosevelt University v. Mayfair Construction Co. green
illappct · 1975
2 sentences

1988(See, e.g., Roosevelt University v. Mayfair Construction Co. (1975), 28 Ill. App.3d 1045, 1051 ; Gold Coast Mall, Inc. v. Larmar Corp. (1983), 298 Md. 96, 103-04 , 468 A.2d 91, 95 .) Similarly, if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate.

1988(See, e.g., Roosevelt University v. Mayfair Construction Co. (1975), 28 Ill. App. 3d 1045, 1051 ; Gold Coast Mall, Inc. v. Larmar Corp. (1983), 298 Md. 96, 103-04 , 468 A.2d 91, 95 .) Similarly, if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate.

11988–1988
Flood v. Country Mutual Insurance green
ill · 1968
2 sentences

1988(See, e.g., Flood, 41 Ill.2d at 93 ; Mayfair Construction Co., 28 Ill. App.3d at 1051 .) "Thus, the arbitrability issue emerges as essentially one of giving effect to the parties' expressed intention about the use of arbitration." (Henderson, Contractual Problems in the Enforcement of Agreements to Arbitrate Medical Malpractice, 58 Va. L. Rev. 947 , 972 (1972).) The paramount factor in determining the parties' intention is the scope of the arbitration clause in the contract.

1988(See, e.g., Flood, 41 Ill. 2d at 93 ; Mayfair Construction Co., 28 Ill. App. 3d at 1051 .) “Thus, the arbitrability issue emerges as essentially one of giving effect to the parties’ expressed intention about the use of arbitration.” (Henderson, Contractual Problems in the Enforcement of Agreements to Arbitrate Medical Malpractice, 58 Va. L. Rev. 947 , 972 (1972).) The paramount factor in determining the parties’ intention is the scope of the arbitration clause in the contract.

11988–1988
Gold Coast Mall, Inc. v. Larmar Corp. green
md · 1983
2 sentences

1988(See, e.g., Roosevelt University v. Mayfair Construction Co. (1975), 28 Ill. App.3d 1045, 1051 ; Gold Coast Mall, Inc. v. Larmar Corp. (1983), 298 Md. 96, 103-04 , 468 A.2d 91, 95 .) Similarly, if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate.

1988(See, e.g., Roosevelt University v. Mayfair Construction Co. (1975), 28 Ill. App.3d 1045, 1051 ; Gold Coast Mall, Inc. v. Larmar Corp. (1983), 298 Md. 96, 103-04 , 468 A.2d 91, 95 .) Similarly, if it is apparent that the issue sought to be arbitrated is not within the ambit of the arbitration clause, the court should decide the arbitrability issue in favor of the opposing party, because there is no agreement to arbitrate.

11988–1988

Statutes the citing opinions construe

IL § 710 ILCS 5/1 (6) USC § 9u.s.c.1 (5)

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

IL 15 (1988–2026) NY 6 (1959–2006) CA 3 (2012–2015) PA 2 (2004–2024) TX 2 (2002–2019) MD 2 (2000–2008)

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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