Section Newsletters

Articles From J. Timothy Eaton

Application of arbitration agreements in tort law limited to the contractual parties By J. Timothy Eaton Alternative Dispute Resolution, May 2013 In Carter v. SSC Odin, The Illinois Supreme Court reaffirmed its support for arbitration agreements in general but limited their application in tort law to only those injured parties who signed the arbitration agreement.
What proceedings in state court are permitted when the dispute is governed by a valid arbitration clause: Recent Illinois cases say hands off until the arbitration award is final By J. Timothy Eaton Civil Practice and Procedure, April 2013 Recent cases demonstrate that the courts give great deference to the parties’ written agreement regarding the arbitration process, and the courts will not insert themselves into the arbitration process until a final award is entered pursuant to the parties’ agreement.
FAA’s “National Policy Favoring Arbitration” trumps state courts from courts ruling on validity of underlying contract where there is a valid arbitration clause By J. Timothy Eaton Alternative Dispute Resolution, February 2013 Where an attack is being made on the validity of the contract that contains an arbitration clause, and not on the arbitration clause itself, it should be resolved by the arbitrator and not be the subject of judicial determination. Conversely, if the attack is on the arbitration provision, that is a matter for initial court determination.
Do arbitrators’ “inherent powers” to sanction trump “express” limitations in the Agreement on their Authority? By J. Timothy Eaton Alternative Dispute Resolution, October 2009 Even considering the “rough and tumble character” of an arbitration, should the arbitrator not have the power to control the process by taking measures to sanction a party who does not participate in a meaningful way?
Administrative Order limiting number and length of published opinions in Appellate Court is repealed By J. Timothy Eaton Bench and Bar, February 2007 On December 18, 2006, our Supreme Court issued a very succinct Order repealing its prior Administrative Order 10343, which was entered on June 27, 1994.

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