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IL HB2408

Bill

Status

Introduced

1/31/2025

Primary Sponsor

Marcus Evans

Click for details

Origin

House of Representatives

104th General Assembly

AI Summary

  • Amends Illinois Uniform Arbitration Act to allow parties to serve a demand for arbitration requiring the opposing party to apply to stay arbitration within 20 days or be precluded from objecting to the agreement's validity or asserting statute of limitations defenses

  • Establishes that in consumer or employee arbitrations, if the drafting party (typically the business/employer) fails to pay required arbitration fees within 30 days of the due date, they are in material breach, in default, and waive their right to compel arbitration

  • Grants consumers and employees options when drafting parties breach by non-payment: withdraw the claim and proceed in court, compel arbitration with attorney's fees awarded, petition the court to compel fee payment, or pay the fees themselves and recover them regardless of the arbitration outcome

  • Authorizes courts to impose mandatory monetary sanctions (attorney's fees and costs) and discretionary sanctions including evidence sanctions, terminating sanctions (striking pleadings or default judgment), or contempt against drafting parties that materially breach arbitration agreements

  • Revises venue rules to allow arbitration proceedings to be brought where the party seeking arbitration resides or does business, and declares void any agreement that penalizes a party for retaining legal counsel in arbitration

Legislative Description

ARBITRATION-VARIOUS

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/21/2025

Committee Referrals

Rules3/21/2025
Judiciary - Civil2/25/2025
Rules2/4/2025

Full Bill Text

No bill text available