ILCS » Chapter 710 · Act 5
Illinois Compiled Statutes

710 ILCS 5/2 (2026)

Proceedings to compel or stay arbitration

✓ current as of May 2026
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(710 ILCS 5/2) (from Ch. 10, par. 102)
    Sec. 2. Proceedings to compel or stay arbitration.) (a) On application of a party showing an agreement described in Section 1, 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.
    (b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. That issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
    (c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this Section, the application shall be made therein. Otherwise and subject to Section 17, the application may be made in any circuit court.
    (d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this Section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
    (e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
(Source: P.A. 79-1361.)

    
Notes of Decisions
Cited in 145 cases (25 in the last 5 years), 1993–2026 · leading case: Bd. of Managers of the Courtyards at the Woodlands Condo. Ass'n v. Iko Chicago, Inc., 697 N.E.2d 727 (Ill. 1998).
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Bd. of Managers of the Courtyards at the Woodlands Condo. Ass'n v. Iko Chicago, Inc., 697 N.E.2d 727 (Ill. 1998). · cites it 8× “The contract also included an arbitration clause. Based upon this clause, Johnston filed a written demand for arbitration with the American Arbitration Association.”
Jenkins v. Trinity Evangelical Lutheran Church, 825 N.E.2d 1206 (Ill. App. Ct. 2005). · cites it 4× “710 ILCS 5/2(a); City of Peru v. Illinois Power Co.”
Cleeland v. Gilbert, 774 N.E.2d 821 (Ill. App. Ct. 2002). · cites it 5× “In October of 1998, Cleeland filed a "motion to compel arbitration" against American Family pursuant to section 2 of the Act (710 ILCS 5/2 (West 2000)). The motion was filed under the same case number as the previously dismissed action.”
Bass v. Smg, Inc., 765 N.E.2d 1079 (Ill. App. Ct. 2002). · cites it 2× “SMG contends that, although styled in tort rather than contract, Bass’ claims all “regard” the contractual relationship between SMG and IC, as required under the terms of the arbitration clause.”
Herns v. Symphony Jackson Square LLC, 2021 IL App (1st) 201064 (Ill. App. Ct. 2021). · cites it 2× “We reverse the order denying the section 2-619(a)(9) motion to compel arbitration and remand for further proceedings consistent with section 2(a) of the Uniform Arbitration Act (Uniform Act) (710 ILCS 5/2(a) (West 2018)). We dismiss for lack of jurisdiction the appeal from the…”
Cohen v. Blockbuster Ent., Inc., 787 N.E.2d 846 (Ill. App. Ct. 2003). · cites it 4× “Section 2 of the Uniform Arbitration Act (710 ILCS 5/2 (West 2000)) addresses those procedures and provides in pertinent part: “(a) On application of a party showing an agreement *** and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with…”
Amerisure Mut. Ins. v. Global Reinsurance Corp. of Am., 927 N.E.2d 740 (Ill. App. Ct. 2010). · cites it 5× “Amerisure alleged Global waived its ability to challenge the arbitrability of attorney fees by failing to file a petition before a court pursuant to section 2 of the Act (710 ILCS 5/2 (West 2006)) and by participating in arguments before the panel regarding whether Amerisure was…”
LRN Holding, Inc. v. Windlake Capital Advisors, LLC, 949 N.E.2d 264 (Ill. App. Ct. 2011). · cites it 4× “" 710 ILCS 5/2(a)(West 2008). Plaintiffs claim that section 10 of the contract mandates the Arbitration Act and not the FAA applies to this matter.”
Equistar Chemicals v. Hartford Steam Boiler Inspection & Ins. Co. of Connecticut, 883 N.E.2d 740 (Ill. App. Ct. 2008). · cites it 4× “JUSTICE COOK delivered the opinion of the court: Appellant, Equistar Chemicals, LP (Equistar), appeals the trial court’s denial of its motion to stay arbitration (710 ILCS 5/2 (West 2006)) and raises two issues before this court on interlocutory appeal: (1) Whether an initial…”
Holzer v. Motorola Lighting, Inc., 693 N.E.2d 446 (Ill. App. Ct. 1998). · cites it 2× “710 ILCS 5/2(a) (West 1994). Further, “[a]ny action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this Section or, if the issue is severable, the stay may be with respect thereto…”
All Am. Roofing, Inc. v. Zurich Am. Ins., 934 N.E.2d 679 (Ill. App. Ct. 2010). · cites it 2× “710 ILCS 5/2(b) (West 2000); Landmark Properties, 172 Ill.”
Sturgill v. Santander Consum. USA, Inc., 2016 IL App (5th) 140380 (Ill. App. Ct. 2016). “" 710 ILCS 5/2(a) (West 2010). ¶ 24 Under section 2(a) of the Uniform Act, when a party denies the existence of the agreement to arbitrate, the trial court is directed to render a substantive disposition of the issues raised by the motion.”
Show all 145 citing cases →
— 710 ILCS 5/2(a) — 64 cases
Bd. of Managers of the Courtyards at the Woodlands Condo. Ass'n v. Iko Chicago, Inc., 697 N.E.2d 727 (Ill. 1998). “The contract also included an arbitration clause. Based upon this clause, Johnston filed a written demand for arbitration with the American Arbitration Association.”
Herns v. Symphony Jackson Square LLC, 2021 IL App (1st) 201064 (Ill. App. Ct. 2021). “We reverse the order denying the section 2-619(a)(9) motion to compel arbitration and remand for further proceedings consistent with section 2(a) of the Uniform Arbitration Act (Uniform Act) (710 ILCS 5/2(a) (West 2018)). We dismiss for lack of jurisdiction the appeal from the…”
LRN Holding, Inc. v. Windlake Capital Advisors, LLC, 949 N.E.2d 264 (Ill. App. Ct. 2011). “" 710 ILCS 5/2(a)(West 2008). Plaintiffs claim that section 10 of the contract mandates the Arbitration Act and not the FAA applies to this matter.”
Jenkins v. Trinity Evangelical Lutheran Church, 825 N.E.2d 1206 (Ill. App. Ct. 2005). “710 ILCS 5/2(a); City of Peru v. Illinois Power Co.”
Sturgill v. Santander Consum. USA, Inc., 2016 IL App (5th) 140380 (Ill. App. Ct. 2016). “" 710 ILCS 5/2(a) (West 2010). ¶ 24 Under section 2(a) of the Uniform Act, when a party denies the existence of the agreement to arbitrate, the trial court is directed to render a substantive disposition of the issues raised by the motion.”
— 710 ILCS 5/2(b) — 20 cases
All Am. Roofing, Inc. v. Zurich Am. Ins., 934 N.E.2d 679 (Ill. App. Ct. 2010). “710 ILCS 5/2(b) (West 2000); Landmark Properties, 172 Ill.”
Ne. Illinois Reg'l Commuter R.R. v. Chicago Union Station Co., 832 N.E.2d 214 (Ill. App. Ct. 2005).
Tortoriello v. Gerald Nissan of North Aurora, Inc., 882 N.E.2d 157 (Ill. App. Ct. 2008).
Amerisure Mut. Ins. v. Global Reinsurance Corp. of Am., 927 N.E.2d 740 (Ill. App. Ct. 2010). “Amerisure alleged Global waived its ability to challenge the arbitrability of attorney fees by failing to file a petition before a court pursuant to section 2 of the Act (710 ILCS 5/2 (West 2006)) and by participating in arguments before the panel regarding whether Amerisure was…”
Ford Motor Credit Co. v. Cornfield, 918 N.E.2d 1140 (Ill. App. Ct. 2009).
— 710 ILCS 5/2(d) — 27 cases
Jenkins v. Trinity Evangelical Lutheran Church, 825 N.E.2d 1206 (Ill. App. Ct. 2005). “710 ILCS 5/2(a); City of Peru v. Illinois Power Co.”
Bd. of Managers of the Courtyards at the Woodlands Condo. Ass'n v. Iko Chicago, Inc., 697 N.E.2d 727 (Ill. 1998). “The contract also included an arbitration clause. Based upon this clause, Johnston filed a written demand for arbitration with the American Arbitration Association.”
Bass v. Smg, Inc., 765 N.E.2d 1079 (Ill. App. Ct. 2002). “SMG contends that, although styled in tort rather than contract, Bass’ claims all “regard” the contractual relationship between SMG and IC, as required under the terms of the arbitration clause.”
Khan v. BDO Seidman, LLP, 935 N.E.2d 1174 (Ill. App. Ct. 2010).
Holzer v. Motorola Lighting, Inc., 693 N.E.2d 446 (Ill. App. Ct. 1998). “710 ILCS 5/2(a) (West 1994). Further, “[a]ny action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this Section or, if the issue is severable, the stay may be with respect thereto…”
— 710 ILCS 5/2(e) — 1 case
Aperion Care Bloomington, LLC v. Enloe Drugs LLC, 2025 IL App (1st) 251104-U (Ill. App. Ct. 2025).
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