Sec. 12. Vacating an award.
412 words·~2 min read·
/il/chapter-710/act-5/12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.