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· 2/3/2011

Carr v. Gateway, Inc.

Citations

  • 944 N.E.2d 327
  • 241 Ill. 2d 15
  • 348 Ill. Dec. 374
  • 2011 Ill. LEXIS 424

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding the selection of NAF was an integral term of an arbitration clause because that forum “has a very specific set of rules and procedures that has implications for every aspect of the arbitration process”
  • “[T]he mere fact [that] parties name an arbitral service to handle arbitrations and specify rules to be applied does not, standing alone, make that designation integral to the agreement.”
  • Section 5 of the Act may be applied to name a substitute arbitrator where the parties’ designated arbitral forum fails
  • “You agree that any Dispute between You and Gateway will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF).”
  • clause requiring “arbitration by and under the Code of Process of the” NAF did not mandate NAF actually conduct the arbitration
  • applying Illinois contract law principles to interpret an arbitration agreement

Source: CourtListener parenthetical corpus (CC0).

Judges: Garman

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.