ILCS » Chapter 710 · Act 5

710 ILCS 5/12

Vacating an award

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(710 ILCS 5/12) (from Ch. 10, par. 112)
    Sec. 12. Vacating an award.)
    (a) Upon application of a party, the court shall vacate an award where:
        (1) the award was procured by corruption, fraud or
    
other undue means;
        (2) there was evident partiality by an arbitrator
    
appointed as a neutral or corruption in any one of the arbitrators or misconduct prejudicing the rights of any party;
        (3) the arbitrators exceeded their powers;
        (4) the arbitrators refused to postpone the hearing
    
upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of Section 5, as to prejudice substantially the rights of a party; or
        (5) there was no arbitration agreement and the issue
    
was not adversely determined in proceedings under Section 2 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by the circuit court is not ground for vacating or refusing to confirm the award.
    (b) An application under this Section shall be made within 90 days after delivery of a copy of the award to the applicant, except that if predicated upon corruption, fraud or other undue means, it shall be made within 90 days after such grounds are known or should have been known.
    (c) In vacating the award on grounds other than stated in clause (5) of subsection (a) the court may order a rehearing before new arbitrators chosen as provided in Section 3, or if the award is vacated on grounds set forth in clauses (3) and (4) of subsection (a) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with Section 3. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
    (d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
    (e) Nothing in this Section or any other Section of this Act shall apply to the vacating, modifying, or correcting of any award entered as a result of an arbitration agreement which is a part of or pursuant to a collective bargaining agreement; and the grounds for vacating, modifying, or correcting such an award shall be those which existed prior to the enactment of this Act.
(Source: P.A. 79-1361.)

    
Notes of Decisions
Cited in 196 cases (25 in the last 5 years), 1993–2026 · leading case: Federal Signal Corp. v. SLC Technologies, Inc.
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Federal Signal Corp. v. SLC Technologies, Inc. (2001) illappct · cites it 4× “In particular, SLC sought clarification of the following: “What is the basis for the court’s denial of SLC’S motion to compel arbitration and stay proceedings? Did the Court determine that the arbitration award is subject to modification or vacation pursuant to 710 ILCS 5/12 or…”
Salsitz v. Kreiss (2001) ill · cites it 2× “Defendants argued that Salsitz’s and D’Ugo’s claims for breach of contract and fraud were subject to arbitration and moved to dismiss the complaint.”
Yorulmazoglu v. Lake Forest Hospital (2005) illappct · cites it 3× “The basis for defendant’s section 2 — 615 motion was that plaintiff failed to allege any of the statutory grounds for vacating an arbitration award under section 12 of the Uniform Arbitration Act (710 ILCS 5/12 (West 2002)).”
Spencer v. Ryland Group Inc. (2007) illappct · cites it 6× “Spencer contends that the arbitrator here exceeded his powers by disregarding the plain language of the sales contract that the "non-prevailing party" would pay "all reasonable costs, 5 No.”
Department of Central Management Services v. American Federation of State, County & Municipal Employees (1998) ill · cites it 4× “The application was predicated on sections 12 and 13 of the Uniform Arbitration Act (710 ILCS 5/12, 13 (West 1994)). Section 12(b) of the Uniform Arbitration Act (710 ILCS 5/12(b) (West 1994)) provides that an application to vacate an award “shall be made within 90 days after…”
William Charles Construction Co. v. Teamsters Local Union 627 (2016) ca7 · cites it 4× “710 ILCS 5/12(b). A failure to challenge an arbitration award within the applicable limitations period renders the award nearly impervious to attack.”
Hawrelak v. Marine Bank (2000) illappct · cites it 4× “710 ILCS 5/12, 13 (West 1998). In particular, the Act allows vacation of an award (1) procured by corruption, fraud, or other undue means, (2) where there was evident partiality or misconduct on the part of the arbitrators, (3) where the arbitrators exceeded their powers, or (4)…”
Rosenthal-Collins Group, L.P. v. Reiff (2001) illappct · cites it 3× “2d 1181 (1979), Reiff argues that the standard of review under section 12(a) of the Illinois Uniform Arbitration Act (710 ILCS 5/12(a) (West 1998)) is de nova.”
Quick & Reilly, Inc. v. Zielinski (1999) illappct · cites it 6× “See 710 ILCS 5/12(a) (West 1996). Petitioners rely on sections 12(a)(2) and (a)(3) of the Illinois Act, [1] which state that a court must vacate or modify an arbitration award where there was evident partiality or misconduct on the part of the arbitrators, thereby prejudicing…”
GPS USA, Inc. v. Performance Powdercoating (2015) illappct · cites it 6× “¶ 19 Section 12 of the Uniform Arbitration Act (Act) (710 ILCS 5/12 (West 2012)) specifies grounds for vacating an arbitration award, stating in relevant part: “(a) Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption,…”
Painters' District Council No. 30 v. Rock-It Interiors, Inc. (2016) ilnd · cites it 3× “1985); 710 ILCS 5/12(b) (a motion to vacate an arbitration award “shall be made within 90 days after delivery of a copy of the award to the applicant”).”
Jenkins v. Trinity Evangelical Lutheran Church (2005) illappct · cites it 2× “If, after arbitration, an application to vacate is made under section 12 of the Act (710 ILCS 5/12 (West 2000)), the trial court shall review the record of the arbitration proceedings to determine if constitutional strictures apply, that is, whether Abatie's remarks fall outside…”
Show all 196 citing cases →
— 710 ILCS 5/12(3) — 3 cases
7-Eleven, Inc. v. Dar (2001) illappct
Bankers Life & Casualty Insurance v. CBRE, Inc. (2016) ca7
7-Eleven, Inc. v. Dar (2001) illappct
— 710 ILCS 5/12(a) — 37 cases
Yorulmazoglu v. Lake Forest Hospital (2005) illappct “The basis for defendant’s section 2 — 615 motion was that plaintiff failed to allege any of the statutory grounds for vacating an arbitration award under section 12 of the Uniform Arbitration Act (710 ILCS 5/12 (West 2002)).”
Rosenthal-Collins Group, L.P. v. Reiff (2001) illappct “2d 1181 (1979), Reiff argues that the standard of review under section 12(a) of the Illinois Uniform Arbitration Act (710 ILCS 5/12(a) (West 1998)) is de nova.”
Sloan Electric v. Professional Realty & Development Corp. (2004) illappct
WATER PIPE EXTENSION v. City of Chicago (2000) illappct
Spencer v. Ryland Group Inc. (2007) illappct “Spencer contends that the arbitrator here exceeded his powers by disregarding the plain language of the sales contract that the "non-prevailing party" would pay "all reasonable costs, 5 No.”
— 710 ILCS 5/12(a)(1) — 14 cases
Tim Huey Corp. v. Global Boiler & Mechanical, Inc. (1995) illappct
Hawrelak v. Marine Bank (2000) illappct “710 ILCS 5/12, 13 (West 1998). In particular, the Act allows vacation of an award (1) procured by corruption, fraud, or other undue means, (2) where there was evident partiality or misconduct on the part of the arbitrators, (3) where the arbitrators exceeded their powers, or (4)…”
Ryan v. Kontrick (1999) illappct
Laatz v. Intergovernmental Risk Management Agency (2003) illappct
GPS USA, Inc. v. Performance Powdercoating (2015) illappct
— 710 ILCS 5/12(a)(2) — 3 cases
Quick & Reilly, Inc. v. Zielinski (1999) illappct “See 710 ILCS 5/12(a) (West 1996). Petitioners rely on sections 12(a)(2) and (a)(3) of the Illinois Act, [1] which state that a court must vacate or modify an arbitration award where there was evident partiality or misconduct on the part of the arbitrators, thereby prejudicing…”
Cerajewski v. Kunkle (1996) illappct
Cerajewski v. Kinkle (1996) illappct
— 710 ILCS 5/12(a)(3) — 29 cases
Spencer v. Ryland Group Inc. (2007) illappct “Spencer contends that the arbitrator here exceeded his powers by disregarding the plain language of the sales contract that the "non-prevailing party" would pay "all reasonable costs, 5 No.”
Herricane Graphics, Inc. v. Blinderman Construction Co. (2004) illappct
Klehr v. Illinois Farmers Insurance Company (2013) illappct
Quick & Reilly, Inc. v. Zielinski (1999) illappct “See 710 ILCS 5/12(a) (West 1996). Petitioners rely on sections 12(a)(2) and (a)(3) of the Illinois Act, [1] which state that a court must vacate or modify an arbitration award where there was evident partiality or misconduct on the part of the arbitrators, thereby prejudicing…”
Perkins Restaurants Operating Co. v. Van Den Bergh Foods Co. (1995) illappct
— 710 ILCS 5/12(a)(4) — 5 cases
Taxman v. First Illinois Bank of Evanston (2002) illappct
Christian Dior, Inc. v. Schaffner & Marx (1994) illappct
Duemer v. Edward T. Joyce and Associates, P.C. (2013) illappct
TEE AND GEE UNDERWRITING MANAGERS, LP v. AMERICAN MILLENNIUM INSURANCE CO. (L-0817-21, SOMERSET COUNTY AND STATEWIDE) (2022) njsuperctappdiv
Taxman v. First Illinois Bank of Evanston (2002) illappct
— 710 ILCS 5/12(a)(5) — 7 cases
Salsitz v. Kreiss (2001) ill “Defendants argued that Salsitz’s and D’Ugo’s claims for breach of contract and fraud were subject to arbitration and moved to dismiss the complaint.”
GPS USA, Inc. v. Performance Powdercoating (2015) illappct “¶ 19 Section 12 of the Uniform Arbitration Act (Act) (710 ILCS 5/12 (West 2012)) specifies grounds for vacating an arbitration award, stating in relevant part: “(a) Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption,…”
Northeast Illinois Regional Commuter Railroad v. Chicago Union Station Co. (2005) illappct
GPS USA, Inc. v. Performance Powdercoating (2015) illappct
Salsitz v. Kreiss Modification of September 20, 2001, Opinion Upon Denial of Rehearing (2001) ill
— 710 ILCS 5/12(a)(l) — 10 cases
Hawrelak v. Marine Bank (2000) illappct “710 ILCS 5/12, 13 (West 1998). In particular, the Act allows vacation of an award (1) procured by corruption, fraud, or other undue means, (2) where there was evident partiality or misconduct on the part of the arbitrators, (3) where the arbitrators exceeded their powers, or (4)…”
First Health Group Corp. v. Ruddick (2009) illappct
Colmar Ltd. v. Fremantlemedia North America, Inc. (2003) illappct
Rosenthal-Collins Group, L.P. v. Reiff (2001) illappct “2d 1181 (1979), Reiff argues that the standard of review under section 12(a) of the Illinois Uniform Arbitration Act (710 ILCS 5/12(a) (West 1998)) is de nova.”
Casanova v. City of Chicago (2003) illappct
— 710 ILCS 5/12(b) — 41 cases
William Charles Construction Co. v. Teamsters Local Union 627 (2016) ca7 “710 ILCS 5/12(b). A failure to challenge an arbitration award within the applicable limitations period renders the award nearly impervious to attack.”
Painters' District Council No. 30 v. Rock-It Interiors, Inc. (2016) ilnd “1985); 710 ILCS 5/12(b) (a motion to vacate an arbitration award “shall be made within 90 days after delivery of a copy of the award to the applicant”).”
City of Naperville v. Illinois Fraternal Order of Police (2013) illappct
Marzano v. Cook County Sheriff's Merit Board (2009) illappct
Kenny v. KENNY INDUSTRIES, INC. (2010) illappct
— 710 ILCS 5/12(c) — 5 cases
Advocate Financial Group v. Poulos (2014) illappct
7-Eleven, Inc. v. Dar (2001) illappct
7-Eleven, Inc. v. Dar (2001) illappct
Trimble v. Graves (2011) illappct
Trimble v. Graves (2011) illappct
— 710 ILCS 5/12(d) — 6 cases
Department of Central Management Services v. American Federation of State, County & Municipal Employees (1998) ill “The application was predicated on sections 12 and 13 of the Uniform Arbitration Act (710 ILCS 5/12, 13 (West 1994)). Section 12(b) of the Uniform Arbitration Act (710 ILCS 5/12(b) (West 1994)) provides that an application to vacate an award “shall be made within 90 days after…”
Taxman v. First Illinois Bank of Evanston (2002) illappct
7-Eleven, Inc. v. Dar (2005) illappct
Vega Asset Recovery LLC v. Newedge USA, LLC (2019) ilnd
Taxman v. First Illinois Bank of Evanston (2002) illappct
— 710 ILCS 5/12(e) — 25 cases
Glass, Molders, Pottery, Plastics and Allied Workers International Union, Afl-Cio, Clc, Local 182b v. Excelsior Foundry (1995) ca7
Department of Central Management Services v. American Federation of State, County & Municipal Employees (1998) ill “The application was predicated on sections 12 and 13 of the Uniform Arbitration Act (710 ILCS 5/12, 13 (West 1994)). Section 12(b) of the Uniform Arbitration Act (710 ILCS 5/12(b) (West 1994)) provides that an application to vacate an award “shall be made within 90 days after…”
WATER PIPE EXTENSION v. City of Chicago (2000) illappct
City of Des Plaines v. Metropolitan Alliance of Police Chapter No. 240 (2015) illappct
Sullivan v. Lemoncello (1994) ca7
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