(710 ILCS 15/5) (from Ch. 10, par. 205)
Sec. 5.
Necessary Parties.
A hospital or health care provider, or an
employee of a hospital or health care provider, or a supplier, reasonably
alleged to be a joint tortfeasor in a cause of action subject to a health
care arbitration agreement shall be a necessary party to arbitration binding
any of his joint tortfeasors. On application of any party to the arbitration
proceeding, the circuit court may stay an arbitration proceeding commenced
or threatened on the grounds that a necessary party is not a signatory or
party to the agreement. That issue shall be forthwith and summarily tried
and a stay ordered if found for the moving party. If found for the opposing
party, the court shall order the parties to proceed to arbitration.
(Source: P.A. 80-1012.)
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