GPS USA, Inc. v. Performance Powdercoating

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2015 IL App (2d) 131190
Decision Date: 
Wednesday, January 28, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
BIRKETT
Petitioner, a management consulting company based in Nevada with offices in Illinois, filed demand for arbitration with AAA, seeking amounts due under its agreement with Respondent, an Arizona powdercoating company. Validity of arbitration clause is determined by court, not by arbitrator. Respondent, an Arizona company, failed to establish any compelling or countervailing reason for upsetting parties' choice, in their contract, of Illinois as their arbitration forum Court erred by invalidating forum-selection provision in arbitration clause of parties' contract.(SCHOSTOK and BURKE, concurring.)