LRN Holding, Inc. v. Windlake Capital Advisors, LLC 

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
No. 3-10-0194
Decision Date: 
Monday, May 9, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT
Plaintiffs filed declaratory judgment action seeking declaration that contract entered into by parties, to secure purchaser of assets or stock of corporation, is void on grounds that Defendant failed to properly register its services with State of Illinois. Court granted motion to compel arbitration based on contract provision for binding arbitration. The presence of a generic state choice-of-law clause in a contract which incorporates the AAA rules of arbitration does not indicate that the parties explicity intended that disputes encompassed by the arbitration agreement be settled pursuant to Arbitration Act. Whether the contract is void ab initio is a controversy between the parties relating to the agreement, which issue must be arbitrated. (WRIGHT, specially concurring; HOLDRIDGE, dissenting.)