(710 ILCS 15/13) (from Ch. 10, par. 213)
Sec. 13.
Selection of Arbitrators.
(a) In all arbitration proceedings
under this Act, the number and selection of arbitrators shall be as provided
by this Section.
(b) Unless the parties to an arbitration proceeding agree that the arbitration
shall be conducted by a single arbitrator, the arbitration proceeding shall
be conducted by a panel of 3 arbitrators selected as provided in this Section.
(c) In proceedings to be conducted by a single arbitrator, all parties
to the arbitration proceeding must agree in writing to the selection of
the arbitrator. If the parties cannot agree to the selection of a single
individual to be the arbitrator, any party may apply to the court for the
selection of an arbitrator. Such application shall include an affidavit
that the sides of the proceeding cannot reach agreement on the selection
of an arbitrator. If the court finds that the parties cannot reach agreement,
the court shall appoint an arbitrator as provided in paragraph (e).
(d) In proceedings to be conducted by a panel of 3 arbitrators, each side
of the proceeding shall select one arbitrator, and the 2 arbitrators thus
selected shall agree and select the third neutral arbitrator. If the 2
arbitrators selected by the sides of the proceeding cannot agree on the
selection of the third arbitrator, any party may apply to the court for
the selection of a third neutral arbitrator. Such application shall include
an affidavit signed by at least one of the previously selected arbitrators
that agreement cannot be reached. If the court determines that the 2 previously
selected arbitrators cannot reach agreement. The court shall provide for
the selection of a third neutral arbitrator pursuant to the provisions of paragraph (e).
(e) The court shall submit to each side a list of five practicing attorneys
licensed in the State of Illinois. The parties may, by agreement, select
one of the five as the neutral arbitrator. Failing such agreement, each
side shall strike two names from the list. The remaining name shall be
the third neutral arbitrator. For purposes of this Section, a retired judge
of the Supreme, Appellate, or Circuit Court of Illinois shall be deemed a
licensed practicing attorney.
The third neutral arbitrator selected according to paragraph (c), (d),
or (e) shall be the presiding officer at the arbitration hearing, and shall
decide evidentiary and procedural questions during the hearing.
(f) For purposes of this Section, a selection by a side of an arbitration
proceeding means a choice made either by those parties seeking damages or
by those parties against whom damages are sought. If the parties on a side
cannot unanimously agree on the selection of an arbitrator, the question
shall be determined by lot.
(Source: P.A. 80-1012.)
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