2012 IL App (2d) 111277
Ill. App. Ct.2012Background
- Plaintiff Smola slipped on black ice in a parking lot owned/maintained by Greenleaf entities, causing shoulder injury.
- Parties agreed to binding arbitration; trial court retained limited jurisdiction to adjudicate liens and enforce the arbitration award.
- Arbitrator issued an Award in defendants' favor on July 8, 2011.
- Smola filed a motion to reconsider with the arbitrator; defendants filed a motion to enforce the award with the trial court.
- Before the arbitrator ruled on reconsideration, the trial court granted enforcement, concluding the award was final and binding.
- Issue is whether the arbitrator could entertain reconsideration when the arbitration agreement was silent on finality and the award; court remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the award was final before reconsideration ruling | Smola argues finality requires arbitrator ruling on reconsideration | Greenleaf argues award final per agreement; no reconsideration authority | Trial court erred; finality depends on agreement; arbitrator may reconsider when silent |
| Whether arbitrator may reconsider a merits award when the agreement is silent on finality | Arbitrator should address reconsideration per broad arbitration scope | No authority to reconsider merits absent finality language | Arbitrator may entertain reconsideration if agreement silent on finality |
| Whether the trial court properly enforced the award before arbitrator ruled on reconsideration | Enforcement should wait for arbitrator decision on reconsideration | Award final; enforcement appropriate | Enforcement before arbitrator ruled was error; remand for consistent proceedings |
Key Cases Cited
- Kalish v. Illinois Education Ass'n, 166 Ill. App. 3d 406 (1988) (arbitration finality depends on agreement; no statutory basis for merits reconsideration)
- Sloan Electric v. Professional Realty & Development Corp., 353 Ill. App. 3d 614 (2004) (arbitrator authority to entertain reconsideration supported when not prohibited)
- Village of Carpentersville v. Mayfair Construction Co., 100 Ill. App. 3d 128 (1981) (procedural issues in arbitration decided by arbitrator; supports arbitrator original timing)
- Comdisco, Inc. v. Dun & Bradstreet Corp., 306 Ill. App. 3d 197 (1999) (arbiter should decide when terms are ambiguous; issues scoped to arbitration)
- Marks v. Bober, 399 Ill. App. 3d 385 (2010) (substantive arbitrability for broad arbitration clauses)
- Nagle v. Nadelhoffer, Nagle, Kuhn, Mitchell, Moss & Sologa, P.C., 244 Ill. App. 3d 920 (1993) (broad language arbitrate disputes arising out of agreement)