(710 ILCS 5/2)
(from Ch. 10, par. 102)
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
(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.)