Illinois 96th Regular Session Status: Enacted

HB 5888 — UNIFORM ARBITRATION-RULES

Last action — Public Act . . . . . . . . . 96-1476

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Uniform Arbitration Act. Provides that rules applicable to the dispute include deciding the dispute in accordance with rules of law chosen by the parties, but if none is chosen, the arbitrators shall apply the law under conflict of law rules considered applicable by the arbitrators. Provides that the decision shall be made according to the strict rules of law, unless another standard is authorized by the parties. Provides that the decision shall be based upon the contract and shall take into account usages of the trade applicable to the transaction.

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The amendment changes how arbitrators are instructed to make decisions in disputes. Previously, they were required to follow strict legal rules unless otherwise agreed by the parties involved. Now, the amendment allows arbitrators to decide based on the terms of the contract and relevant trade practices, providing more flexibility. This change matters because it could lead to more practical and industry-specific resolutions in arbitration instead of strictly adhering to legal formalities.

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Latest
HB5888 Engrossed LRB096 18807 AJO 35755 b AN ACT concerning civil law.
HB5888 Enrolled LRB096 18807 AJO 35755 b AN ACT concerning civil law.
Any HB5888 Engrossed - 2 - LRB096 18807 AJO 35755 b designation of the law or legal system of a given jurisdiction shall be construed, unless otherwise expressed, as directly referring to the substantive law of that jurisdiction and not to its conflict of law rules.
Any HB5888 Enrolled - 2 - LRB096 18807 AJO 35755 b designation of the law or legal system of a given jurisdiction shall be construed, unless otherwise expressed, as directly referring to the substantive law of that jurisdiction and not to its conflict of law rules.
(iii) The arbitrators shall decide according to the strict rules of law unless the parties have expressly authorized some other standard.
(iii) In all cases, the arbitrators shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
(iv) In all cases, the arbitrators shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
(iv) Nothing in this subsection (c) shall apply to an arbitration which is part of or pursuant to a collective bargaining agreement.
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Action History

  1. Public Act . . . . . . . . . 96-1476

  2. Effective Date January 1, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 2 House Concurs 112-000-000

  7. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  8. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  9. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Elaine Nekritz

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  11. Arrived in House

  12. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  13. Third Reading - Passed; 058-000-000

  14. Placed on Calendar Order of 3rd Reading May 3, 2010

  15. Senate Floor Amendment No. 2 Adopted; Dillard

  16. Recalled to Second Reading

  17. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000

  18. Placed on Calendar Order of 3rd Reading April 30, 2010

  19. Second Reading

  20. Senate Floor Amendment No. 2 Assignments Refers to Judiciary

  21. Senate Floor Amendment No. 2 Referred to Assignments

  22. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard

  23. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

  24. Placed on Calendar Order of 2nd Reading April 21, 2010

  25. Do Pass Judiciary; 008-000-000

  26. Senate Committee Amendment No. 1 Postponed - Judiciary

  27. Postponed - Judiciary

  28. Senate Committee Amendment No. 1 Postponed - Judiciary

  29. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  30. Senate Committee Amendment No. 1 Referred to Assignments

  31. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard

  32. Assigned to Judiciary

  33. Referred to Assignments

  34. First Reading

  35. Chief Senate Sponsor Sen. Kirk W. Dillard

  36. Placed on Calendar Order of First Reading March 11, 2010

  37. Arrive in Senate

  38. Third Reading - Short Debate - Passed 114-000-000

  39. Placed on Calendar Order of 3rd Reading - Short Debate

  40. Second Reading - Short Debate

  41. Placed on Calendar 2nd Reading - Short Debate

  42. Do Pass / Short Debate Judiciary I - Civil Law Committee; 015-000-000

  43. Assigned to Judiciary I - Civil Law Committee

  44. Referred to Rules Committee

  45. First Reading

  46. Filed with the Clerk by Rep. Elaine Nekritz

Sponsors

  • Elaine Nekritz · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Elaine Nekritz

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 96005
Democrat 12001
Republican 4000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mulligan — Yea
Myers — Yea
Osterman — Yea
Pihos — Yea
Bradley — Yea
McGuire — Yea
Senger — Yea
Brady — Yea
Sente — Yea
Thapedi — Yea
Burke — Yea
Sullivan — Yea
Tryon — Yea
Turner — Yea
Mitchell, Bill — Yea
Verschoore — Yea
Wait — Yea
Gordon, Careen — Yea
Winters — Yea
Gordon, Jehan — Yea
Yarbrough — Yea
Hannig — Yea
Zalewski — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Connelly — Yea
Coulson — Yea
Cross — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Fritchey — Yea
Froehlich — Yea
Hatcher — Yea
Jackson — Yea
Madigan — Yea
Mitchell, Jerry — Not Voting
Mendoza — Not Voting
Sommer — Not Voting
Colvin — Not Voting
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dugan — Not Voting
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Washington — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Carberry — Yea
McAsey — Yea
Moffitt — Yea
Franks — Yea
Golar — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hendon — Yea
Kotowski — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Muñoz — Yea
Noland — Yea
Silverstein — Yea
Cullerton — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hultgren — Yea
McCarter — Yea
Meeks — Yea
Schoenberg — Yea
Demuzio — Yea
Jacobs — Yea
Hutchinson — Yea
Pankau — Yea
Radogno — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Steans — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Third Reading

Passed 114 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 99003
Democrat 11000
Republican 4000
Total 114003
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Graham — Yea
Mautino — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Mulligan — Yea
Nekritz — Yea
Phelps — Yea
Leitch — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Jefferson — Yea
Kosel — Yea
Howard — Yea
Madigan — Yea
Davis, Monique — Yea
Myers — Not Voting
Zalewski — Yea
Cole — Not Voting
Cultra — Yea
Currie — Yea
D'Amico — Yea
Jackson — Yea
Jakobsson — Yea
Pihos — Yea
Bradley — Yea
McGuire — Yea
Thapedi — Yea
Brady — Yea
Tryon — Yea
Burke — Yea
Sullivan — Yea
Turner — Yea
Verschoore — Yea
Mitchell, Bill — Yea
Gordon, Careen — Yea
Wait — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Cavaletto — Yea
Coladipietro — Yea
Colvin — Yea
Connelly — Yea
Coulson — Yea
Cross — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sente — Yea
Soto — Yea
Sommer — Yea
Lang — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
McAsey — Yea
Moffitt — Yea
Fritchey — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Subjects

civil-rights labor
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Frequently asked questions

What does HB 5888 do?
Amends the Uniform Arbitration Act. Provides that rules applicable to the dispute include deciding the dispute in accordance with rules of law chosen by the parties, but if none is chosen, the arbitrators shall apply the law under conflict of law rules considered applicable by the arbitrators. Provides that the decision shall be made according to the strict rules of law, unless another standard is authorized by the parties. Provides that the decision shall be based upon the contract and shall take into account usages of the trade applicable to the transaction.
Who sponsors HB 5888?
HB 5888 is sponsored by Elaine Nekritz.
What is the current status of HB 5888?
This bill has been enacted into law. Introduced February 10, 2010. Enacted.
Where can I track HB 5888?
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