(710 ILCS 30/10-10)
Sec. 10-10.
Appointment of arbitrators.
(a) No person shall be precluded by reason of his or her
nationality from acting as an arbitrator, unless otherwise agreed
by the parties.
(b) The parties are free to agree on a procedure of appointing
the arbitrator or arbitrators, subject to the provisions of
subsections (e) and (f) of this Section.
(c) In an arbitration with 3 arbitrators and where the
parties fail to reach an agreement on an appointment
procedure, each party shall appoint one arbitrator, and the 2
arbitrators thus appointed shall appoint the third arbitrator. If a
party fails to appoint the arbitrator within 30 days of
receipt of a request to do so from the other party or if the 2
arbitrators fail to agree on the third arbitrator within
30 days of their appointment, the appointment shall be made, upon
request of a party, by the court or other authority specified in Section 1-30
of this Act.
(d) In an arbitration with a sole arbitrator and where the
parties fail to reach an agreement on an appointment
procedure, the arbitrator shall be appointed, upon request of a
party, by the court specified in Section 1-30 of this Act.
(e) Where, under an appointment procedure agreed upon by the
parties,
(i) a party fails to act as required under the
procedure or
(ii) the parties or the two party-appointed arbitrators are
unable to reach an agreement expected of them under the procedure
or
(iii) a third party, including an institution, fails to
perform any function entrusted to it under the procedure, any
party may request the court specified in Section 1-30 of this Act to take the
necessary measure, unless the agreement on the appointment
procedure provides other means of securing the appointment.
(f) A decision on a matter entrusted by subsections (c), (d),
and (e) of this Section to the court specified in Section
1-30 of this Act is not subject to appeal; provided that this
provision shall not preclude the parties from raising any ground for setting
aside or refusing to recognize or enforce an arbitral award to the extent
otherwise permitted under applicable federal law.
The court, in appointing an
arbitrator, shall have due regard to any qualifications required of
the arbitrator by the agreement of the parties and to any
considerations that are likely to secure the appointment of an
independent and impartial arbitrator and, in the case of a sole or
third arbitrator, shall take into account as well the advisability
of appointing an arbitrator of a nationality other than those of
the parties.
(Source: P.A. 90-631, eff. 7-24-98.)
|